ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  22 August 2019

	DOCKET NUMBER:  AR20170005712


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 31 May 2006 to show his dates of service in Haiti as 19 January to 8 June 1995 vice 1 April to 30 June 1995.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DA Form 6398 (Recommendation for Award)
* Enlisted Record Brief
* DA Form 2-1 (Personnel Qualification Record - Part II)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states his deployment dates are incorrect.  He was assigned to K Troop, 3rd Squadron, 2nd Armored Cavalry Regiment, and deployed with this unit to Haiti, in support of Operation Uphold Democracy, for the entire deployment from January to June 1995.  

3.  Review of the applicant's service records shows: 

	a.  He enlisted in the Regular Army on 5 August 1994  He held military occupational specialty 19D (Cavalry Scout).  He reenlisted on 28 January 197 and on 1 October 2002. 

	b.  His Enlisted Record Brief shows he served in Haiti from 19 January 1995 to 8 June 1995.  

	c.  Permanent Orders Number 013-003, dated 30 may 1995, awarded him the Army Achievement Medal for achievement while deployed to Haiti from 19 January 1995 to 1 June 1995. 

	d.  His DA Form 2-1 shows he served overseas as follows:

* Haiti, from 19 January 1995 to 8 June 1995, 5 months
* Bosnia, 12 August 1997 to 1 November 1997, 2 months and 20 days 
* Alaska, 20 September 2000 to 19 June 2003, 2 years and 9 month

	e.  He was honorably discharged to accept a commission.  His DD Form 214 shows in: 

* Block 12f (Foreign Service) 3 years, 4 months, and 18 days 
* Block 18 (Remarks), in part, Service in Haiti 1995-04-01 to 1995-06-30

4.  By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.  It states: 

	a.  For block 12f, enter the total active service completed outside continental United States during the period covered by the DD Form 214.  He completed 3 years, 4 months, and 20 days (as reflected on his DD Form 214).

	b.  For block 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)."  His dates of deployment are inadvertently shown as 1 April 1995 to 30 June 1995; should have been 19 January 1995 to 8 June 1995.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined relief was warranted.  Based upon the applicant’s provided DA Form 638 and DA Form 2-1 showing the service in Haiti, the Board concluded there was sufficient evidence to grant relief.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by adding “SERVICE IN HAITI, 19950119-19950601” to Item 18, Remarks.
	 
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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states:

* for block 12f, enter the total active service completed outside continental United States during the period covered by the DD Form 214 
* for block 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)"

ABCMR Record of Proceedings (cont)	 AR20170005712


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