IN THE CASE OF: BOARD DATE: 27 August 2020 DOCKET NUMBER: AR20190015178 APPLICANT REQUESTS: to be awarded the Armed Forces Service Medal (AFSM). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 19 January 1996 * Pictures FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR 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 that he served in the United Nations Mission in Haiti from 15 October 1995 through 19 January 1996. As such, in accordance with CFR 578.34(j.)(4) he qualifies for the Armed Forces Service Medal; however; the medal was never awarded to him because he was discharged 8 days following the presidential authorization of this award on 11 January 1996. Entitlement to this award was brought to his attention in 2019 while completing his application for veteran status at the Arizona State University. Being eligible for this award places him in a protected veteran status. 3. A review of the applicant’s available service records reflects the following: a. On 12 July 1991 he enlisted in the United States Army Reserve (USAR) for 8 years. b. On 2 October 1995 (Order 275-36) his unit was ordered to active duty. The orders reflect “preparation for overseas movement;” however, the document is void of a specific mission and or location. c. On 5 October 1995 (Order 278-28) he was placed on orders effective 15 October 1995 for a period not to exceed 179 days. The orders reflect movement to Fort Bragg, North Carolina; however, the document is void of a specific mission and or location overseas. d. On 19 January 1996 he was released from active duty. The issued DD Form 214 reflects service in Haiti from 19 October 1995 through 6 January 1996 in support of Operation Uphold/Maintain Democracy in accordance with Title 10, United States Code, Section 673(b). e. On 29 August 1997 Order 241-29 was issued transferring him into the USAR (Individual Ready Reserve) effective 11 July 1997. f. On 3 August 1999 he was transferred into the Army National Guard (ARNG). g. On 22 September 2005 (Order 265-1072) he was honorably discharged from the ARNG effective 2 August 2005. 4. The applicant provides the following: a. DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 19 January 1996 – see 3d. above. b. Pictures reflective of the United Nations (UN) patch, his issued UN identification card and the UN Mission in Haiti Rules of Engagement (ROE) policy issued 31 March 1995. Also provided is a newspaper article identifying the applicant by name issuing pamphlets on Haiti’s presidential election. 5. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that partial relief is warranted. 2. The Board noted that the applicant served in Haiti during a period of eligibility for the Humanitarian Service Medal, which was the award designated for service members who physically deployed to Haiti. The Board determined the Humanitarian Service Medal is the appropriate medal to recognize his service in Haiti. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Humanitarian Service Medal to his DD Form 214 for the period ending 19 January 1996. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Armed Forces Service Medal. 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, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Armed Forces Service Medal is awarded to service members of the Armed Forces of the United States who, after 1 June 1992, meet the following criteria: a. Participate or have participated, as service members of U.S. military units, in a U.S. military operation that is deemed to be a significant activity. b. Encounter no foreign-armed opposition or imminent threat of hostile action. c. Service members must be permanently assigned or attached to a unit that deployed to participate in a designated U.S. military operation within the area of operations for 30 consecutive days (or for the full period when an operation is less than 30 days duration), or for 60 nonconsecutive days provided this support involves a Soldier entering the area of operations under the following criteria: d. Because the Armed Forces Service Medal may be awarded for a prolonged humanitarian operation, distinction between the Armed Forces Service Medal and the Humanitarian Service Medal must be maintained. The following rules apply: (1) The Humanitarian Service Medal is an individual U.S. service medal, presented to individuals who are physically present at the site of immediate relief and who directly contribute to and influence the humanitarian action. The Humanitarian Service Medal is only awarded for service during the identified "period of immediate relief;" eligibility for the Humanitarian Service Medal terminates and transitions to the Armed Forces Service Medal or the Armed Forces Expeditionary Medal, when the humanitarian action transitions into an "established ongoing operation beyond the initial emergency condition." (2) The Armed Forces Service Medal is a theater award, authorized for presentation to all participants who meet the eligibility requirements established for a designated operation. (3) For operations in which all deployed participants are awarded the Humanitarian Service Medal and for which the "period of immediate relief" coincides with the duration of significant deployed operations, award of the Armed Forces Service Medal is not authorized. e. The following limitations apply when determining whether the Armed Forces Service Medal should be awarded for a particular mission or operation or when determining eligibility for award to an individual: (1) The Armed Forces Medal will be awarded only for operations for which no other U.S. campaign or service medal is approved. (2) For operations in which personnel for only one Service participate, the Armed Forces Service Medal will be awarded only if there is no other suitable award available to that Service. (3) Award of the Armed Forces Service Medal is not authorized for participation in national or international exercises. Individuals are only presented an Armed Forces Service Medal on initial award. Subsequent awards of the Armed Forces Service Medal are indicated by bronze service stars. To be eligible for additional awards, service must be rendered in more than one designated area and period of service. No two awards will be made for service in the same designated area. f. Table 2-6 (Armed Forces Service Medal – Designated U.S. Military Operations) shows Uphold Democracy for Operation United Nations Mission in Haiti; U.S. Forces Haiti, and U.S. Support Group – Haiti for the period 1 April 1995 to 31 January 2000, the Armed Forces Service Medal is only awarded to participants in the area encompassing the United States. Excluded from the AFSM are those Soldiers who meet the criteria for the HSM that were awarded Katrina and Rita (see Table C-1). h. Table C-1 (Department of Defense and Department of the Army Approved Humanitarian Service Medal) shows the Humanitarian Service Medal is authorized for Soldiers that participated in Operation Uphold/Restore Democracy in Haiti during the period 10 September 1994 – 31 March 1995. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190015178 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1