RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 April 2007
	DOCKET NUMBER:  AR20060012612 


	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. Gerard W. Schwartz

Acting Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Jeffrey C. Redmann

Member

Mr. Scott W. Faught

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, in effect, that the Humanitarian Service Medal be added to his separation document.

2.  The applicant states, in effect, that he should be awarded the Humanitarian Service Medal for service during the fires in Northern California in 1987, which the Forest Service called the "Siege of '87."  The Army named it "Operation Firebreak 1987."

3.  He also states that the Humanitarian Service Medal was not issued to those who were on State active duty to support firefighters.  He asked the Office of the Inspector General (IG), of the California Army National Guard (CAARNG), to assist with this issue.  They in turn referred him to this Board.  He contacted the USDA (United States Department of Agriculture) Forest Service to see if they had any records of those who served in this incident in their files.  He states they were assigned to the Anderson, California, fairgrounds preparing meals for firefighters and support personnel.

4.  The applicant provides a copy of a Certificate of Recognition, and a memorandum from the IG, CAARNG, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 24 November 1994, the date of his transfer to the Retired Reserve. The application submitted in this case is dated 2 August 2006 but was received for processing on 8 September 2006.

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's military records show that he enlisted in the CAARNG on 9 May 1979, for training as a light weapons infantryman, 11B, with prior service in United States Navy.  He was promoted to sergeant first class (SFC/E-7) effective 5 January 1985.  He served until he was transferred to the Retired Reserve effective 24 November 1994.  

4.  Item 15 (Decorations, Medals, Badges, Commendations, Citation and Campaign Ribbons awarded this Period), of his NGB (National Guard Bureau) Form 22 (Report of Separation and Record of Service), does not show the Humanitarian Service Medal. 

5.  The applicant provides a copy of a Regional Forester’s Certificate of Recognition, dated 28 February 1988, which was awarded to him for his tremendous effort during the "Siege of '87."

6.  The applicant provides a copy of a memorandum from the IG, CAARNG, dated 12 August 2003, which was in response to his request for assistance regarding the Humanitarian Service Medal for service during Operation Firebreak 1987.  The IG conducted a thorough inquiry concerning his request.  Unfortunately, they were unable to verify his participation in Operation Firebreak 1987.  The certificate of recognition that he provided did not specifically state that he participated in Operation Firebreak 1987.  It stated "Siege of '87."  The IG stated that he must provide a copy of his orders for the period of 5 to 15 September 1987, to be eligible for the Humanitarian Service Medal.  If he could provide his orders, they would reopen his case.  The IG, concluded, additionally, the applicant could apply to this Board for correction of his records.   

7.  There is no indication in the applicant’s personnel records that he was 
awarded the Humanitarian Service Medal for service during the fires in Northern California in 1987, which the Forest Service called the "Siege of '87," and which the Army named it "Operation Firebreak 1987."

8.  The Humanitarian Service Medal (HSM) was established by Executive Order 11965, 19 January 1977.  It is awarded to members of the Armed Forces of the United States who, after 1 April 1975, distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  To be eligible, a service member must meet the following requirements:  (1) Must be on active duty at the time of direct participation in a Department of Defense approved humanitarian act or operation. (2) Must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits.  
(3) Must provide evidence which substantiates direct participation in a DOD approved humanitarian act or operation.  Acceptable evidence includes the following: (a) Certificates, letters of commendation or appreciation; (b) Officer or enlisted evaluation reports; (c) Copies of TDY or special duty orders reflecting participation within the specified time frame and geographical location cited; 
(d) After-action reports, situation reports, rosters, unit files or any other records or documentation which verify the service members participation; (e) Statements from commanders, supervisors, or other officials who were in a position to substantiate the service member's direct participation in the area of operation.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant received a Regional Forester's Certificate of Recognition which was awarded to him for his tremendous effort during the "Siege of '87," which the Army named it "Operation Firebreak 1987."  The IG, CAARNG, was unable to verify his participation in Operation Firebreak 1987.  His certificate of recognition did not specifically state that he participated in Operation Firebreak 1987, it stated "Siege of '87."  

2.  The IG stated that the applicant must provide a copy of his orders for the period 5 to 15 September 1987, to be eligible for the Humanitarian Service Medal.  It is evident that the applicant was unable to provide a copy of these orders, to the IG, CAARNG, in order to reopen his case.  

3.  In view of the circumstances, the applicant is not entitled to be awarded the Humanitarian Service Medal.  There is no documentary evidence, and the applicant provided none to show, that he participated in this humanitarian operation.  He is not eligible to have this award added to his separation document.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 24 November 1994; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 23 November 1997.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__LDS___  __JCR___  __SWF_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.




___   Linda D. Simmons_____
          CHAIRPERSON




INDEX

CASE ID
AR20060012612
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070405
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19941124
DISCHARGE AUTHORITY
AR NGR 600-200, PARA 8-27V
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.