IN THE CASE OF:
BOARD DATE: 27 AUGUST 2009
DOCKET NUMBER: AR20090006473
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 Humanitarian Service Medal for participation in support of Operation Snow Blow during the period 26 January 1978 to 18 February 1978.
2. The applicant states he was a member of the 399th Combat Support Hospital, Taunton, MA during Operation Snow Blow. He left the Ready Reserve shortly after and joined the Massachusetts Army National Guard (MAARNG). He alleges the Humanitarian Service Medal was presented to him at a weekend drill with orders stating that it was earned for service with the 399th Combat Support Hospital during Operation Snow Blow. He states that there was never a certificate presented.
3. The applicant provides the following documents in support of his application: a copy of Appendix 7 to Department of Defense 1348.33-M (Manual of Military Decorations and Awards), dated September 1996; his change of name court document, dated 18 July 1991; his U.S. Army Reserve (USAR) reassignment orders, dated 19 November 1980; and his DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 28 December 1977.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant served in the Regular Army from 21 June 1965 to 1 September 1967 and was transferred to the USAR Control Group (Annual Training) on the following day. He was discharged from the USAR on 20 June 1971 and he served in the U.S. Air Force from 3 August 1971 to 16 January 1976.
3. The applicant enlisted in the USAR on 28 December 1977 for a period of six years. He was discharged on 2 March 1979 for enlistment in the MAARNG.
4. There is no evidence which indicates the applicant participated in support of Operation Snow Blow during the period 26 January 1978 to 18 February 1978 or that he was awarded the Humanitarian Service Medal.
5. The applicant served in the MAARNG from 3 March 1979 to 28 August 1981.
6. Army Regulation 600-8-22 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.
7. Appendix 7 of Department of Defense 1348.33-M, dated September 1996, shows the Humanitarian Service Medal was awarded for operations in support of Snow Blow/Snow Blow II for the period 26 January 1978 to 18 February 1978 (CT, IN, MA, ME, MI, NH, OH, and RI).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the Humanitarian Service Medal was presented to him at a weekend drill with orders stating that it was earned for service with the 399th Combat Support Hospital during Operation Snow Blow.
2. However, there is no evidence and the applicant has not provided any evidence, which verifies he was awarded the Humanitarian Service Medal for participation in support of Operation Snow Blow.
3. If the applicant has letters of commendation or appreciation, copies of temporary duty (TDY) orders, after-action reports, rosters or any other records or documentation which verifies his participation in support of Operation Snow Blow, he is advised to provide a copy of these documents for reconsideration of his request.
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.
_______ _ __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) AR20090006473
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