ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 July 2019 DOCKET NUMBER: AR20170015270 APPLICANT REQUESTS: in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she served in combat in an imminent danger area in Haiti. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * DA Form 2-1 (Personnel Qualification Record – Part II) * DA Form 2166-7 (Noncommissioned Officer Evaluation Report), dated March 1995 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 enlisted in the Regular Army on 5 September 1979 and served through a series of reenlistments. 3. The applicant’s DA Form 2-1 shows: * Item 5 (Overseas Service) – service in Haiti on temporary duty from 2 December 1994 to 10 January 1995 * Item 9 (Awards, Decorations and Campaigns) - Armed Forces Expeditionary Medal (AFEM) * Item 27 (Remarks) – "Duty in imminent danger area Haiti 941016-950110" 4. The applicant provided a memorandum, issued by Department of Defense, Headquarters, Multinational Force, Port-au-Prince-Haiti, on 29 December 1994, which approved the AFEM to U.S. Forces in, and in direct support of, Operation Uphold Democracy from 16 September 1994 until a date to be determined. 5. Defense Finance and Accounting Service records confirm the applicant received hostile fire/imminent danger pay for service in Haiti from 1 October 1994 to 31 January 1995. 6. The applicant was released from active duty on 27 August 1996. Her DD Form 214 shows she was awarded the AFEM but does not include an entry in item 18 (Remarks) pertaining to her service in Haiti. 7. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's retirement, did not provide for entering the duration or location of deployed service, nor did it provide for entries pertaining to hostile fire or imminent danger pay in item 18. However, Army Regulation 635-8 (Separation Processing and Documents), currently in effect, states an active duty Soldier deployed with his or her unit during their continuous period of active service will have the following entered in item 18: “Service in (name of Country Deployed) from (inclusive dates, for example YYYYMMDD to YYYYMMDD).” BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, her record of service, the overseas service and remarks annotated on her DA Form 2-1, DFAS records for hostile fire/imminent danger pay and her award of the Armed Forces Expeditionary Medal. The Board found, based on her service in Korea that the applicant was eligible for the Korea Defense Service Medal. Based on a preponderance of evidence, the Board determined that the entry for the applicant’s time served in Haiti was omitted from her DD Form 214 in error. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XXX 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 the Army records of the individual concerned be corrected by: - Awarding the applicant the Korea Defense Service Medal for the period 850908 to 830909, and; - amending the applicant’s DD Form 214 for the period of service ending 27 August 1996 to add in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons…) – “KDSM” and in item 18 (Remarks) – “Service in Haiti from 19941016 to 19950110.” 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. Administrative Notes: Not Applicable ? 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), dated 15 August 1979 (interim Change Number 1, dated 2 October 1989), in effect at the time, offered a standardized policy for preparing and distributing the DD Form 214. This regulation did not provide for entering the duration or location of deployed service, nor did it provide for entries pertaining to hostile fire or imminent danger pay in item 18. 3. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, states an active duty Soldier deployed with his or her unit during their continuous period of active service will have the following entered in item 18: “Service in (name of Country Deployed) from (inclusive dates, for example YYYYMMDD to YYYYMMDD).” ABCMR Record of Proceedings (cont) AR20170015270 3 1