IN THE CASE OF:	

		BOARD DATE:	        16 October 2008

		DOCKET NUMBER:   AR20080007394 


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, in effect, correction of his records to show his service in Operation Provide Comfort and award of all applicable awards and decorations for his participation in the operation.

2.  The applicant states, in effect, that an administrative error led to this oversight.  He further states that, for the sake of his family, he wants his record to be an accurate reflection of his service to his country.  The applicant concludes by stating that he desires the awards and decorations that he has earned, but cannot receive them unless they are documented in his records.

3.  The applicant provides DD Form 1610 (Request and Authorization for Temporary Duty (TDY) Travel of Department of Defense Personnel), DA Form 2166-7 (Noncommissioned Officer (NCO) Evaluation Report), and a certified true copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as additional documentary evidence in support of this application.

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 record shows that he was enlisted in the Regular Army's Delayed Entry Program on 21 June 1972 and entered active duty on 21 September 1972.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty (MOS) 63C (Track Vehicle Mechanic).  At a later date, the applicant's MOS was reclassified initially to 00E (Recruiter/Retention NCO) and finally to 63B (Light Wheel Vehicle Mechanic).  The highest rank he attained while serving on active duty was the grade of sergeant first class (SFC)/pay grade E-7.  The applicant retired on 30 September 1992 with an honorable characterization of service.

3.  Headquarters, 94th Engineer Combat Battalion (Heavy), Temporary Duty Travel Order 04-013, dated 24 April 1991, shows the applicant was ordered to travel from Darmstadt, Germany to Incirlik, Turkey for temporary duty in support of Operation Provide Comfort for the period 23 April 1991 through 30 September 1991.

4.  Part III (Duty Description (Rater)), block d (Areas of Special Emphasis) of the applicant's NCO Evaluation Report covering the period September 1990 through August 1991 shows the applicant's Rater stated that one of the applicant's duties was to lead his platoon during their deployment to Turkey.  Part V (Overall Performance and Potential) block e (Senior Rater Bullet Comments) shows the applicant's Senior Rater stated that the applicant was "a critical link in deployment to Operation Provide Comfort."  This document was authenticated by the applicant, his Platoon Leader, his Company Commander, and his Battalion Executive Officer and forwarded to the Army Personnel Center for processing and filing in his Official Military Personnel File (OMPF).

5.  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.

6.  Table C-1 of Army Regulation 600-8-22 lists Department of Defense and Department of the Army approved Humanitarian Service Medal Operations.  Table C-1, in pertinent part, shows that personnel who directly participated in Operation Provide Comfort within the geographical areas of Northern Iraq and Turkey during the period 5 April through 14 June 1991 are entitled to award of the Humanitarian Service Medal.

7.  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Humanitarian Service Medal.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty).  Section 2-1 of this regulation provides instructions for preparation of the DD Form 214.  Specifically, it states that in the Remarks section of the DD Form 214 the following statement will be added for a Reserve Soldier ordered to active duty and deployed to a foreign country: "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 U.S.C. (applicable section)."  The regulation does not show a requirement to enter this information on the DD Form 214 for active duty Regular Army Soldiers.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show his service in Operation Provide Comfort and award of all applicable awards and decorations for his participation in the operation was carefully considered and determined to have partial merit.

2.  Evidence shows the applicant was ordered to travel from Darmstadt, Germany to Incirlik, Turkey for temporary duty in support of Operation Provide Comfort for the period 23 April 1991 through 30 September 1991.  The applicant's participation in this operation is corroborated by his NCO Evaluation Report which was rendered for the period September 1990 through August 1991.

3.  Army Regulation 600-8-22 shows that personnel who directly participated in Operation Provide Comfort within the geographical areas of Northern Iraq and Turkey during the period 5 April through 14 June 1991 are entitled to award of the Humanitarian Service Medal.  Therefore, he is entitled to award of the Humanitarian Service Medal and to have his records corrected to show this award.

4.  Although Army Regulation 635-5 prescribes that the Remarks section of a DD Form 214 for a Reserve Soldier ordered to active duty and deployed to a foreign country will include a statement to that effect, the regulation does not show a requirement to enter this information on the DD Form 214 for active duty Regular Army Soldiers.  Therefore, the applicant's DD Form 214, as it pertains to his temporary duty in Turkey, is properly constituted and there is no justification for further amendment.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X_ __  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show award of the Humanitarian Service Medal for his service in support of Operation Provide Comfort.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending the applicant's DD Form 214 to show the time he served in a Temporary Duty status in Turkey.




      _______ _  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)                                         AR20080007394



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ABCMR Record of Proceedings (cont)                                         AR20080007394



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