IN THE CASE OF:	  

		BOARD DATE:	       15 September 2009

		DOCKET NUMBER:  AR20090008031 


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 he be awarded the Humanitarian Service Medal and that it be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, he was not awarded the Humanitarian Service Medal for his participation in Operation Safe Haven in Panama in 1995.  The operation was not added to the approved list until 2006 and he did not find out about it until 2009.

3.  The applicant provides a copy of an undated memorandum, Headquarters, 193rd Support Battalion, subject:  Announcement of Award, Reserve Component Overseas Training Ribbon; a Department of the Army Certificate of Achievement dated 2 March 1995; and a copy of paragraph 2-22 and Table C-1 which were extracted from Army Regulation 600-8-22 (Military Awards).

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 he enlisted in the U.S. Army Reserve Delayed Entry Program on 5 October 1971.  He enlisted in the Regular Army and entered active duty on 26 October 1971.  On 26 January 1972, the applicant was honorably released from active duty and was transferred to the U.S. Army Reserve Control Group (Annual Training).  The applicant continued to serve in the Reserve and on 15 January 1980 he was voluntarily ordered to special active duty for training for 1,096 days.  The applicant's record shows he continued to serve on active duty as an Active Guard Reserve Soldier.  The applicant's DD Form 214 shows he was honorably separated for the purpose of retirement on 30 June 1999 in the rank and pay grade of staff sergeant, E-6, after having completed 20 years and 18 days active military service and 27 years, 8 months, and 26 days of service for basic pay.

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

4.  The applicant provides a copy of an undated memorandum, Headquarters, 193rd Support Battalion, subject:  Announcement of Award, Reserve Component Overseas Training Ribbon, which shows the applicant and other Soldiers were awarded the Reserve Component Overseas Training Ribbon for honorable and satisfactory completion of 10 days of consecutive duty on foreign soil from 19 February 1995 to 4 March 1995.  During these 10 days, he and other Soldiers trained with the 193rd Support Battalion, 41st Area Support Group, Fort Clayton, Panama.  The term "Operation Safe Haven" is not mentioned in this memorandum.

5.  The applicant provides a copy of a Department of the Army Certificate of Achievement dated 2 March 1995 which reads, "for meritorious achievement while attached to Headquarters and Headquarters Company, 193rd Support Battalion.  Through your hard work and dedication all missions were accomplished.  This reflects distinct credit upon you, your unit, and the United States Army."  The term "Operation Safe Haven" is not mentioned in this certificate of achievement.

6.  A copy of the applicant's DA Form 2166-7 (Noncommissioned Officer Evaluation Report) for the period April 1994 through March 1995 is on file in the applicant's service record.  There is no reference to or mention of the applicant's participation in Operation Safe Haven in this or any of his other evaluation reports.

7.  A search of the applicant's service record was conducted for a copy of temporary duty travel orders ordering him to duty in Panama in support of Operation Safe Haven; however, orders for this purpose were not found.

8.  A search of the applicant's service record was conducted for any documentary evidence that had the name "Operation Safe Haven" included on it in any context.  There are no documents in his service record that make any reference to or include the term "Operation Safe Haven" in their text.

9.  The Humanitarian Service Medal was established by Executive Order 11965, 19 January 1977.  The Humanitarian Service Medal is categorized as a service medal and, as such, no orders are issued to announce its approval; however, it 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 (DOD) approved significant military act or operation of a humanitarian nature.  To be eligible, a service member must meet the following requirements:  (a) must be on active duty at the time of direct participation in a DOD-approved humanitarian act or operation; (b) must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits; and (c) must provide evidence which substantiates direct participation in a DOD-approved humanitarian act or operation.

10.  Acceptable evidence which substantiates direct participation in a DOD-approved humanitarian act or operation includes the following:  (a) certificates, letters of commendation or appreciation; (b) officer or enlisted evaluation reports; (c) copies of temporary duty or special duty orders reflecting participation within the specified time frame and geographical location cited; (d) after-action reports, situation reports, rosters, unit files or any other records or documentation which verify the service member's participation; and (e) statements from commanders, supervisors, or other officials who were in a position to substantiate the service member's direct participation in the area of operation.

11.  Table C-1 of Army Regulation 600-8-22 shows that Joint Task Force Operation Safe Haven, which was conducted during the period 26 August 1994 to 3 March 1995 in Panama, was approved by DOD as qualifying for award of the Humanitarian Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant and other Soldiers trained in Panama during the period Operation Safe Haven was in progress; however, there is no evidence available which specifically shows that he directly participated in this operation.

2.  Neither of the documents the applicant provided (the undated memorandum from the 193rd Support Battalion or the certificate of achievement) specifically state that he participated in Operation Safe Haven nor do they have the name of the operation included in their text.

3.  The applicant's Noncommissioned Officer Evaluation Report for the period April 1994 through March 1995 on file in the applicant's service record makes no reference to nor does it mention the applicant's alleged participation in Operation Safe Haven.

4.  A search of the applicant's service record was conducted for any documentary evidence, to include temporary duty travel orders, that had the name "Operation Safe Haven" included on it in any context.  There are no documents in his service record that make any reference to or include the term "Operation Safe Haven" in their text.

5.  The Humanitarian Service Medal is categorized as a service medal and, as such, no orders are issued to announce its approval; however, verbiage which appears in the applicable regulation appears to indicate that announcement of an individual's authorization must be made in an appropriate document (i.e., a memorandum, letter, etc.).

6.  In view of the circumstances, the applicant is not entitled to be awarded the Humanitarian Service Medal and to have this award added to his DD Form 214.

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)                                         AR20090008031



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ABCMR Record of Proceedings (cont)                                         AR20090008031



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