IN THE CASE OF:	  

	BOARD DATE:	  17 June 2008

	DOCKET NUMBER:  AR20080002817 


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 correction of his records to show award of the Defense Superior Service Medal and the Humanitarian Service Medal.

2.  The applicant states, in effect, that the awards were approved after his retirement from the Army. 

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 June 1995 and 1 July 1995.

	b.  Certificate and Citation, dated 8 July 1996, awarding him the Defense Superior Service Medal.

	c.  Memorandum, dated 12 August 1992, certifying the applicant's service in Iraq on 26 July 1992.

	d.  DA Form 67-8 (Officer Evaluation Report), for the period 25 June 1992 to 24 September 1992.

	e.  Extract of Army Regulation 600-8-22 (Military Awards), Approved Humanitarian Service Medals.


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's records show that he was commissioned as a second lieutenant in the Armor Branch of the Regular Army on 30 May 1975.  He served in several command and staff positions throughout the Army, and was released from active duty and placed on the Retired List on 1 July 1995 in the grade of lieutenant colonel.  However, he was recalled to active duty for one year on 1 July 1995 and was, again, placed on the retired list on 1 July 1996.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Defense Meritorious Service Medal (3rd Award), the Meritorious Service Medal, the Army Commendation Medal (2nd Award), the Army Achievement Medal, the Joint Meritorious Unit award, the National Defense Service Medal (2nd award), the Southwest Asia Service Medal with one bronze service star, the Army Service Ribbon, the Overseas Service Ribbon (4th Award), the Expert Marksmanship Qualification Badges with Rifle and Pistol Bars, and the Parachutist Badge.  Item 13 does not show the Defense Superior Service Medal or the Humanitarian Service Medal.

4.  The applicant's records show that he served with Headquarters, Combined Task Force, Operation Provide Comfort, Incirlik Air Base, Turkey, from 25 June 1992 to 24 September 1992.

5.  The applicant submitted a copy of a certificate and citation, dated 8 July 1996, that show he was awarded the Defense Superior Service Medal for exceptionally meritorious service for the Armed Forces of the United States, while assigned as an Assistant Army Attaché, U.S. Defense Attaché Office, Defense Intelligence Agency, Moscow, Russia, from June 1994 to June 1996. 

6.  The applicant's Officer Evaluation Report for the period 25 June 1992 to 24 September 1992 shows that he was assigned to the Headquarters, Combined Task Force, Operation Provide Comfort, Incirlik Air Base, Turkey, and that he performed duties as the Director for Plans and Policy for Operation Provide Comfort.

7.  The Department of Defense (DOD) Manual of Military Decorations and Awards establishes the criteria and eligibility for award of the Defense Superior Service Medal (DSSM).  It states, in pertinent part, that the Defense Superior Service Medal is authorized by Executive Order 11904 and is awarded only to members of the Armed Forces of the United States who, after February 6, 1976, rendered superior meritorious service in a position of significant responsibility.  Only under the most unusual circumstances will DSSM be awarded as an impact award for outstanding temporary duty (TDY) achievement.  The DSSM is specifically intended to recognize exceptionally superior service, and to honor an individual's accomplishments over a sustained period.  The DSSM shall be awarded only by the Secretary of Defense.  The Director, Joint Staff, for the Chairman of the Joint Chiefs of Staff has been delegated approval or disapproval authority for service members assigned to the Joint Staff, and those service members assigned to Joint organizations.  That authority may not be delegated further.  Approval or disapproval authority for all other qualifying Service members is delegated to the Director of Administration and Management, Office of the Secretary of Defense (DA&M OSD), for the Assistant Secretary of Defense ASD (FMP).  That authority may not be further delegated.  The DSSM shall be placed in precedence after the MOH, the Distinguished Service Crosses of the Services, the DDSM, the Distinguished Service Medals of the Services, and the Silver Star, but before the Legion of Merit.  Recommendations approved by the Chairman of the Joint Chiefs of Staff shall be processed entirely by the Joint Staff.  All other recommendations shall be forwarded to the Chief, Military Personnel Division, Personnel and Security Directorate, Washington Headquarters Service (WHS), for processing.  Recommendations should be submitted no later than 90 days before the desired presentation date.

8.  Army Regulation 600-8-22 (Military Awards), provides in pertinent part, that the Defense Superior Service Medal (DSSM) was established by Executive Order 11904, 6 February 1976.  It is awarded by the Secretary of Defense to members of the Armed Forces of the United States who after 6 February 1976, rendered superior meritorious service in a position of significant responsibility. The prescribing directive for the DSSM is DOD 1348.33-M.



9.  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 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.  Table C-1 of Army Regulation 600-8-22 shows that the Combined Joint Task Force Provide Comfort- Northern Iraq, Kuwait, and Turkey (16 April 1992 to 31 July 1993), was approved by the Department of Defense as qualifying for award of the Humanitarian Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was awarded the DSSM; however, his record is void of the Orders that awarded him this award.  Nevertheless, the applicant submitted a copy of his citation and certificate that show he was awarded the DSSM on 8 July 1996.  Furthermore, the ratings rendered by the applicant's supervisors on his Officer Evaluation Reports for the same period covered by the DSSM clearly corroborate the citation narrative accompanying award of the DSSM.  Therefore, there is sufficient evidence to show the applicant was awarded the DSSM and is entitled to correction of his records to show this award.

2.  The evidence of record further shows that the applicant engaged in defensive combat operations in Iraq as a member of the Combined task Force Provide Comfort, during the period 25 June 1992 to 24 September 1992.  Therefore, he served a qualifying period for award of the Humanitarian Service Medal and is entitled to correction of his records to show this award.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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 showing award of the Defense Superior Service Medal and the Humanitarian Service Medal in Item 13 of the applicant's DD Form 214, dated 30 June 1996.


								XXX
      _______________________
      	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)                                         AR20080002817



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ABCMR Record of Proceedings (cont)                                         AR20080002817



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