IN THE CASE OF:	  

		BOARD DATE:	  21 April 2009

		DOCKET NUMBER:  AR20090000890 


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, that her record and DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by credited her with participation in the 1980 and 1981 Cuban Campaigns.

2.  The applicant states, in effect, her DD Form 214 does not document or recognize her participation in the 1980 and 1981 Cuban Campaigns.

3.  The applicant provides no documentary evidence in support of her 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 she enlisted in the Regular Army and entered active duty on 30 June 1980.  She was trained in and awarded military occupational specialty 95B (Military Police).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in item 5 (Overseas Service) that she served in Germany from 27 November 1981 through 20 June 1983.  No other overseas service is documented in item 5.  Item 35 (Record of Assignments) shows that she was assigned to the 7th Military Police Company at Fort Ord, California, from 1 July 1980 through 23 October 1981.

4.  The applicant's record contains a letter of commendation that recognized her for her exceptional performance while deployed to Fort Chafee, Arkansas, to assist in the Cuban Resettlement Program during the period 2 August 1980 through 4 November 1980.

5.  On 21 June 1983, the applicant was honorably released from active duty after completing 2 years, 11 months, and 22 days of active military service.  The DD Form 214 she was issued at the time shows that during her active duty tenure she earned the Army Service Ribbon, Overseas Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle and Hand Grenade Bars, and Marksman Marksmanship Qualification Badge with Pistol Bar.

6.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-22 provides guidance on award of the Humanitarian Service Medal (HSM).  It states, in pertinent part, that the HSM 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 or Department of the Army approved significant military act or operation of a humanitarian nature and is authorized for providing support to and resettlement of refugees and evacuees.  However, in order to qualify, the member must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits.

7.  Appendix B of the awards regulation lists all approved Army campaigns.  This list does not include a campaign for Cuba during the period of the applicant's active duty service.

8.  Appendix C of the same regulation contains a list of approved HSM operations, the periods for authorization, and geographical areas for each.  This list includes Cuban Refugee Resettlement during the period 27 April 1980 through 1 July 1985 and identifies the authorized geographical area as the Florida Straits which is between the southern tip of Florida and the island of Cuba that links the Atlantic Ocean and the Gulf of Mexico.
9.  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 also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains instructions for preparing the DD Form 214.  The instructions for item 18 (Remarks) provides for adding an entry for an active duty Soldier deployed to a foreign country with his/her unit.  There are no regulatory provisions that provide for documenting deployed service within the continental United States.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that she should have been credited with participation in a Cuban campaign during the periods 1980 and 1981 was carefully considered.  However, there is insufficient evidence to support this claim.

2.  The Army's awards regulation grants no campaign credit for participation in the Cuban Refugee Resettlement Program.  However, it does authorize award of the HSM for this operation if the member participated in it within the defined geographical limits, which are defined as the Florida Straits which is the area between the southern tip of Florida and the island of Cuba that links the Atlantic Ocean and the Gulf of Mexico.

3.  Although the applicant received a letter of commendation for providing support to the Cuban Resettlement Program at Fort Chaffee, Arkansas, from 2 August 1980 through 4 November 1980, there is no evidence to show she was ever recommended for or awarded the HSM for this service or that she served in the geographical area of the Florida Straits as is required by regulation to qualify for the HSM for the Cuban Refugee Resettlement operation.  Therefore, there is an insufficient evidentiary basis to support awarding the applicant the HSM for her service in support of the Cuban Refugee Resettlement at Fort Chaffee, Arkansas.

4.  Further, there are no regulatory provisions that provide for an entry documenting deployed service in the continental United States on the DD Form 214.  As a result, there is also an insufficient evidentiary basis to document the applicant's deployed service at Fort Chaffee, Arkansas, on her DD Form 214.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x ___  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      __________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)                                         AR20090000890



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ABCMR Record of Proceedings (cont)                                         AR20090000890



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