IN THE CASE OF:	  

		BOARD DATE:	  10 November 2009

		DOCKET NUMBER:  AR20090010638 


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 21 January 2004 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal (ARCOM) and the Global War on Terrorism Expeditionary Medal (GWOTEM).  Additionally, he requests award of the Humanitarian Service Medal (HSM) which he refers to as certificates and medal for Hurricane Ike and Hurricane Katrina.

2.  The applicant states that the medals for the ARCOM, GWOTEM, Hurricane Ike, and Hurricane Katrina are not listed on his DD Form 214.

3.  The applicant provides no additional documents in support of his 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 records show he enlisted in the Army National Guard on 15 February 2001.  On 3 February 2003, he was ordered to active duty in support of Operation Enduring Freedom.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  National Defense Service Medal, Armed Forces Service Medal with "M" Device, Army Service Ribbon, and overseas service bar.  This form does not show award of the ARCOM, GWOTEM, or HSM.

4.  Item 18 (Remarks) of the applicant's DD Form 214 shows that he was ordered to active duty in Kuwait/Iraq in Support of Operation Enduring Freedom from 13 April 2003 to 11 December 2003.

5.  Permanent Orders Number 176-55, contained in his official military personnel file (OMPF) shows that the applicant was awarded the ARCOM for meritorious service during Operation Iraqi Freedom from 15 April 2003 to 1 September 2003.

6.  There are no orders or documentation contained in the applicant's OMPF to show his support for Hurricane Ike or Hurricane Katrina.

7.  There is no evidence in either Army Regulation 600-8-22 (Military Awards) or the Human Resources Command Awards and Decorations website that shows Hurricane Ike Disaster Relief Operation was approved for the award of the HSM.

8.  A Human Resources Command message, dated 17 March 2004, disseminated implementing instructions for award of the GWOTEM for Soldiers who deploy abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  To be eligible for this award a Soldier must be mobilized with or assigned or attached to a unit participating in designated operations for 30 consecutive days or for 60 nonconsecutive days in the areas of eligibility designated.  Soldiers who deployed abroad in Operations Enduring Freedom and Iraqi Freedom are eligible for this award.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the HSM 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.
10.  The Human Resources Command Awards and Decorations website shows that the Hurricane Katrina Disaster Relief Operation (29 August 2005 to 13 October 2005) was approved by the Department of Defense as qualifying for award of the HSM.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate or have participated as members of United States military units in a United States military operation that is deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile actions.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility or meet one or more of the following criteria:  be engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of eligibility or participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the area of eligibility in support of the operation.

12.  The Human Resources Command Awards and Decorations website shows that the Hurricane Katrina Disaster Relief Operation (27 August 2005 to 27 February 2006) was also approved by the Department of Defense as qualifying for award of the Armed Forces Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders verify that the applicant was awarded the ARCOM.  Therefore, his records should be corrected to show this award.

2.  The evidence of record verifies that the applicant was deployed to Kuwait/Iraq in support of Operation Enduring Freedom from 13 April 2003 to 11 December 2003.  Therefore, he met the requirements for the award of the GWOTEM.

3.  There is no evidence and the applicant did not provide any to show that he supported Hurricane Ike or Hurricane Katrina.  Therefore, in the absence of documentation to show his support in these operations, there is an insufficient basis to grant his request.


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 by adding to his 21 January 2004 DD Form 214 the ARCOM and the GWOTEM.

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 the award of the HSM for his participation in Hurricane Ike and Hurricane Katrina Disaster Relief Operations.



      ___________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)                                         AR20090010638



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ABCMR Record of Proceedings (cont)                                         AR20090010638



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