IN THE CASE OF:  
 
  BOARD DATE: 22 August 2023 
 
  DOCKET NUMBER: AR20230001671 
 
 
APPLICANT REQUESTS:  
 
 a.  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show –  
 
  (1)  award of the Armed Forces Expeditionary Medal, and  
 
  (2)  credit for service in Haiti during Operation Uphold Democracy from 16 September 1994 to 31 March 1995. 
 
 b.  a personal appearance hearing before the Board. 
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
• DD Form 149 (Application for Correction of Military Record) 

• Permanent Order 48-25, 30 November 1994 

• 3 Leave and Earnings Statements (LES) (October, November, December 1994) 

• DD Form 214 

• Enlisted Record Brief (ERB), 14 February 2022 


 
FACTS: 
 
1.  The applicant did not file within the 3-year period provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (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 his DD Form 214 should have included the Armed Forces Expeditionary Medal when he separated from active duty on 5 February 1997. He does not have deployment orders from that time period; therefore, his current National Guard Unit could not add the Armed Forces Expeditionary Medal to his records. He does have an Army Achievement Medal for that period that specifically states he was in Haiti for Operation Uphold Democracy; in addition, it is identified in the overseas deployment section of his ERB. He also requested pay records from the Defense Finance and 
Accounting Service, which clearly show that during the months of September 1994 through November 1994, he was receiving Imminent Danger Pay for service in Haiti. 
 
3.  The applicant enlisted in the Regular Army on 11 March 1993. He served in military occupational specialty 63B (Light Wheeled Vehicle Mechanic). 
 
4.  Permanent Order 48-25, 30 November 1994 show he received an Army Achievement Medal for the period 19 September to 10 November 1994, for meritorious achievement during Operation Uphold Democracy in the Republic of Haiti. 
 
5.  He provides LES’ for October through December 1994 which shows the start and stop dates of his receipt of hazardous duty and imminent danger pays: Foreign Duty Pay: 19 September 1994 - 15 November 1994 and Hostile Fire Pay: 1 September 1994 – 30 November 1994. 
 
6.  He was honorably released from active duty on 5 February 1997 to attend school. He completed 3 years, 10 months, and 25 days of net active service during this period. The DD Form 214 he was issued at the time shows in: 
 
• Item 12f (Foreign Service) - "0000  00  00" 

• Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not list the Armed Forces Expeditionary Medal 

• Item 18 (Remarks) does not include an entry for service in Haiti 


 
7.  The applicant provides an Enlisted Record Brief, dated 22 February 2022, which lists overseas service in Haiti for the periods: 
 
• 19 September to 10 November 1994 (a period of 1 month and 22 days) 

• 8 August to 5 November 1995 (a period of 2 months and 28 days) 

• a combined total of 4 months and 20 days. 


 
8.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account which shows the following service in Haiti. [Note: DFAS only verifies receipt of hostile fire/imminent danger pay. DFAS does not verify inclusive dates of deployed service or deployment locations beyond the first qualifying country (e.g., Kuwait versus Iraq). DFAS pay records are not considered "source documents," but may be considered as supporting documents leading to a preponderance of the evidence. A second source document is required.] 
 
• Haiti -19 September to 30 November 1994 (a period of 2 months and 12 days) 

• Haiti - 8 August to 5 November 1995 (a period of 2 months and 29 days)  


 
10.  The AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes participation in Haiti for Operation Uphold Democracy from 16 September 1994 to 31 March 1995.  
 
BOARD DISCUSSION: 
 
1.  The Board determined the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 
 
2.  After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence shows the applicant served on active duty from 11 March 1993 to 5 February 1997. He provides an AAM certificate that confirms his service in support of Operation Uphold Democracy in Haiti from 19 September to 10 November 1994 (a period of 1 month and 22 days). Additionally, his Enlisted Record Brief and DFAS confirmed he deployed again to Haiti from 8 August to 5 November 1995 (a period of 2 months and 28 days), for a combined total of 4 months and 20 days. His DD Form 214 does not list his foreign service, deployment, or associated awards. The Board determined a correction to his DD Form 214 is supported by the evidence and is warranted.  
 
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
xx: xx: xx: GRANT FULL RELIEF 
 
: : : GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
: : : DENY APPLICATION 
 
 
BOARD DETERMINATION/RECOMMENDATION: 
 
The Board determined that the evidence presented was 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 amending his DD Form 214 as follow:  
 
• Item 12f (Foreign Service) – add 0000-04-20 

• Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) add the Armed Forces Expeditionary Medal 

• Item 18 (Remarks) add “Service in Haiti from 19 September 1994 to 10 November 1994” and “Service in Haiti from 8 August 1995 to 5 November 1995” 


 
  8/22/2023

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, 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 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. 
 
2.  Army Regulation 600-8-22 states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes participation in Haiti for Operation Uphold Democracy from 16 September 1994 to 31 March 1995. Servicemembers must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involved entering the area of operations. 
 
3.  Army Regulation 635-5 (Separation Documents), then in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form should be complete and accurate. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for: 
 
 a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214. 
 
 b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. 
 
 c.  item 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 (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 
 
4.  Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the 
presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 
 
//NOTHING FOLLOWS//