IN THE CASE OF:	  

		BOARD DATE:	  7 January 2015

		DOCKET NUMBER:  AR20140007513 


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 award and issuance of the Humanitarian Service Medal (HSM).

2.  The applicant states:

* his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show his service in St. Croix, Virgin Islands, after Hurricane Hugo
* he never received the HSM

3.  The applicant provides U.S. Army Total Personnel Command memorandum dated 21 May 1990, subject:  Approved HSM, with 1st and 2nd endorsements, dated 4 June 1990 and 5 June 1990, and Alpha Roster by Unit for Operation Hawkeye (extract).

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 17 September 1987.

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

* item 9 (Awards, Decorations, and Campaigns) – no HSM
* item 35 (Record of Assignments), in part – 720th Military Police Battalion, Fort Hood, TX, with duty St. Croix, Virgin Islands, from 20 September 1989 through 7 November 1989

4.  On 17 April 1990, the applicant was honorably released from active duty.  His DD Form 214 shows in:

* item 12f (Foreign Service) – 00  00  00
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – no HSM

5.  The applicant provided U.S. Army Total Personnel Command memorandum, dated 21 May 1990, subject:  Approved HSM, with 1st and 2nd endorsements, dated 4 June 1990 and 5 June 1990, and Alpha Roster by Unit for Operation Hawkeye (extract) showing the HSM was awarded to service members who directly participated in the Hurricane Hugo Relief Operation in Puerto Rico, the Virgin Islands, South Carolina, North Carolina, and Kentucky for the period 18 September 1989 through 31 October 1989.  The alpha roster lists his name as a participant.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It provided established standardized policy for preparation of the DD Form 214 and stated to compute the entry for item 12f from the foreign service listed on the Soldier's DA Form 2-1.

DISCUSSION AND CONCLUSIONS:

The U.S. Army Total Personnel Command memorandum, dated 21 May 1990, shows the applicant participated in Operation Hawkeye in the Hurricane Hugo Relief Operation in the Virgin Islands.  Therefore, he is entitled to correction of his DD Form 214 to show award of the HSM and 1 month and 18 days of foreign service for the period 20 September 1989 through 7 November 1989.
BOARD VOTE:

____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 the Army records of the individual concerned be corrected by adding the following entries to his DD Form 214:

* item 12f – 00  01  18
* item 13 – HSM
* issuing him the HSM



      _______ _   _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.
ABCMR Record of Proceedings (cont)                                         AR20140007513



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ABCMR Record of Proceedings (cont)                                         AR20140007513



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