RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 August 2006
      DOCKET NUMBER:  AR20060000258


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. Conrad Meyer                  |     |Member               |
|     |Ms. Yolanda Maldonado             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show his service in Southwest
Asia (SWA).  He also requests correction of his DD Form 214 to show award
of the Humanitarian Service Medal.

2.  The applicant states that he served in SWA from 5 May 1991 to 5 June
1991 prior to his retirement, but this service was not recorded on his DD
Form 214.

3.  The applicant provides a message announcing award of the Southwest Asia
Service Medal (SWASM); an excerpt from The Stars and Stripes magazine; a
letter from his commander in Europe; a memorandum approving award of the
Humanitarian Service Medal; and a by-name listing of personnel who
participated in Operation Provide Comfort.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred

on 31 August 1992.  The application submitted in this case is dated 29
December 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant initially enlisted in the Regular Army on 7 August 1972.
He completed basic training and advanced individual training and was
awarded military occupational specialty 62B (Construction Equipment
Repairer).

4.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows he
served in Germany from 6 February 1973 through 1 April 1973.

5.  The applicant was discharged from active duty on 20 June 1974 for the
purpose of immediate reenlistment.  He reenlisted on 21 June 1974 and
continued to serve on active duty through a series of reenlistments.

6.  His DA Form 2-1 shows he also served in Germany from 21 June 1978
through 16 June 1981 and from 15 October 1985 through 14 June 1988.

7.  In a 19 December 1991 memorandum, the Joint Staff approved award of the
Humanitarian Service Medal to military personnel who directly participated
in Operation Provide Comfort during the period 5 April 1991 to 14 June
1991.  The applicant’s name is shown on a by-name listing as a participant
in Operation Provide Comfort (departing on 5 June 1991).  The by-name
listing indicates he was assigned to the Logistics Assistance Office-
Provide Comfort (LAO-PC).

8.  In a 10 June 1992 memorandum, the applicant was identified as a
participant in support of Operation Provide Comfort during the period 5 May
1991 to 5 June 1991.  This memorandum indicates that members of the LAO-PC
were deployed to Turkey and Northern Iraq.

9.  His DA Form 2-1 shows he completed a fourth tour in Germany from
15 October 1988 through 30 June 1992.

10.  The applicant was retired from active duty on 31 August 1992.  His DD
Form 214 shows he served 9 years, 8 months and 12 days of foreign service
in item 12f (Foreign Service).

11.  Item 18 (Remarks) on his DD Form 214 does not reflect any service in
SWA.

12.  Army Regulation 635-5 (Separation Documents) establishes the
standardized policy for preparing and distributing the DD Form 214.  In
pertinent part, it directs that foreign service performed during the period
covered by the DD Form 214 will be entered in item 12f.

13.  Army Regulation 635-5 states, in pertinent part, that the country and
dates of deployment for an active duty Soldier deployed with his or her
unit during their continuous period of active service will be shown in item
18.

14.  Army Regulation 600-8-22 (Military Awards), Table C-1, lists the
Department of Defense Approved Humanitarian Service Medal Operations.  This
table shows Operation Provide Comfort as a designated area of operation for
award of the Humanitarian Service Medal during the period 5 April 1991 to
14 June 1991 in Northern Iraq and Turkey.  Those Soldiers who were eligible
for the Humanitarian Service Medal for participation in this operation were
on a by-name listing.




DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served with his unit in SWA
from 5 May 1991 to 5 June 1991 in support of Operation Provide Comfort.
Therefore, it would be appropriate to amend his DD Form 214 to show the
entry “SERVICE IN SWA: 5 MAY 1991 TO 5 JUNE 1991.”

2.  The evidence of record shows the applicant is authorized award of the
Humanitarian Service Medal for his service in support of Operation Provide
Comfort.  Therefore, his DD Form 214 should be corrected to show this
award.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 August 1992; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
30 August 1995.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

KN______  CM______  YM______  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

      a.  amending item 18 on his DD Form 214 to reflect the entry “SERVICE
IN SWA: 5 MAY 1991 TO 5 JUNE 1991”; and
      b.  showing he was awarded the Humanitarian Service Medal.




                            Kathleen Newman
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060000258                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060801                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0075                                |
|2.                      |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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