RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 March 2007
DOCKET NUMBER: AR20060012792
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.
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 award of the Humanitarian Service Medal for participation in the Air Florida crash recovery in 1982.
2. The applicant states, in effect, he was not awarded the Humanitarian Service Medal.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 15 September 1982.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 15 September 1982, the date of his release from active duty. The application submitted in this case is dated 29 August 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 applicants failure to timely file.
3. The applicant's military records show he enlisted on 6 September 1979, for a period of 3 years. He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 36K (tactical wire operations specialist).
4. On 19 September 1980, the applicant was assigned to the 11th Engineer Battalion at Fort Belvoir, Virginia.
5. The applicants military personnel records jacket (MPRJ) contains a Certificate of Achievement awarded to the applicant for his unselfish support during the January 1982 recovery operations in the disastrous crash of Air Florida Flight 90. According to the certificate the applicants willingness to devote countless hours in subfreezing weather at great personal discomfort is a credit to his professionalism and devotion to duty.
6. On 15 September 1982, the applicant was released from active duty due to his completion of required service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not contain an entry for the Humanitarian Service Medal.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense or a Department of the Army approved significant military act or operation of a humanitarian nature. A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation. Certificates are included in a list of acceptable evidence of direct participation.
8. Table C-1 (Department of Defense and Department of the Army Approved Humanitarian Service Medal Operations) of Army Regulation 600-8-22 lists the Air Florida Crash Recovery, 13-27 January 1982 in the District of Columbia as an approved operation for award of the Humanitarian Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The records show the applicant was on active duty at the time of an approved significant military act or operation of a humanitarian nature.
2. The Certificate of Achievement clearly shows the applicant directly participated in the Air Florida crash recovery in January 1982. Therefore, he is entitled to the Humanitarian Service Medal.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 15 September 1982, the date of his release from active duty; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 14 September 1985. 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:
____dkh_ ___lmd___ ___kan _ 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 showing award of the Humanitarian Service Medal.
_________Kathleen A. Newman________
CHAIRPERSON
INDEX
CASE ID
AR20060012792
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070320
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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