IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170002696 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170002696 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170002696 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his DD Form 214 (Release or Discharge from Active Duty) to show awards authorized for his participation in Operation Uphold Democracy (Haiti), including the following: * Armed Forces Service Medal for his participation in the United Nations Mission in Haiti (UNMIH) * Haiti Medal of Democracy * United Nations Medal * Ram's Head Device/Badge for completion of the Mountain Warfare Course 2. He states that his unit received these awards after he was honorably discharged. Further, he did not receive the Ram's Head Device/Badge upon completion of the Mountain Warfare Course. These awards are not listed on his DD Form 214. 3. He provides his DD Form 214, effective 18 December 1996. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 22 October 1993. 3. His service record contains: a. An Army Achievement Medal Certificate, dated 10 January 1995, awarded to the applicant for meritorious achievement while participating in Operation Uphold Democracy from 18 August 1994 to 18 November 1994. b. An Army National Guard (ARNG) Mountain Warfare School Training Certificate, presented upon the completion of the course, on 21 January 1995. 4. He was honorably released from active duty on 18 December 1996 in the rank of specialist (SPC/E-4). His DD Form 214 shows he was authorized or awarded: * Army Achievement Medal (2nd Award) * National Defense Service Medal * Armed Forces Expeditionary Medal * Humanitarian Service Medal * Army Service Ribbon * Expert Marksmanship Qualification Badge with Rifle and Grenade Bars 5. Item 18 (Remarks) of his DD Form 214 shows he was assigned to Haiti from 21 September 1994 to 17 November 1994. 6. His record is void of evidence showing he participated in UNMIH on or after 1 April 1995. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992 participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action. Table 2-5 of this regulation lists Operation Uphold Democracy (16 September 1994 to 31 March 1995) and the UNMIH during the period 1 April 1995 to 31 January 2000 as an approved military operations for the Armed Forces Service Medal. b. The United Nations Medal is awarded to U.S. service members who are or have been in the service of the United Nations in operations designated by the Secretary of Defense may accept the United Nations Medal when awarded by the Chief of the United Nations Mission. The eligibility criteria for award of the United Nations Medal requires that an individual serve under the operational or tactical control of the United Nations and serve a minimum of 90 consecutive days in the service of the United Nations. The UNMIH for the period 1 April 1995 to 31 January 2000 has been approved for acceptance and wear of the United Nations Medal. c. The Ram's Head Device/Badge is not listed in Table 8-1 as an authorized U. S. Army combat and special skill badges. 2. The Commander, U.S. Force Haiti, issued a memorandum, Subject: Awards Policy, dated 8 May 1995. He stated that personnel may be eligible for four awards that included the Haiti Medal of Democracy. This award was approved by the government of Haiti and that final approval by the Joint Chiefs of Staff was pending. The proposed criteria for this medal was 30 consecutive or 60 non-consecutive days service in Haiti during Operation Uphold Democracy. This award is not listed AR 600-8-22 as an approved award. DISCUSSION: 1. The Armed Forces Service Medal is authorized for participation in the UNMIH beginning on or 1 April 1995. The applicant did not serve in Haiti during this period. He does not meet the criteria for this award. 2. The applicant's record does not contain evidence that he was awarded the United Nations Medal by proper authority. Any person who believes he or she is eligible for the United Nations Medal may submit a request for award with copies of substantiating documents to Commander, U. S. Army Human Resources Command, Awards and Decorations Branch (AHRC–PDP–A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122–5408. 3. The Haiti Medal of Democracy is not listed in AR 600-8-22 as an approved award. 4. The Ram's Head Device/Badge is not listed in AR 600-8-22 as authorized combat or special skills badge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170002696 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170002696 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2