IN THE CASE OF:
BOARD DATE: 10 November 2009
DOCKET NUMBER: AR20090011670
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.
2. The applicant states that his unit of assignment at the time, the 3rd Battalion, 8th Cavalry, participated in humanitarian refugee control operations. His battalion was supposed to be awarded this medal but he shipped out prior to the issuance of this medal.
3. The applicant provides a copy of a letter, dated 14 July 1991, from his former battalion commander to his parents in support of his request.
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's records show he enlisted in the Regular Army on 1 August 1979 and was trained in and awarded military occupational specialty 11C (Indirect Fire Infantryman). His records also show he executed several reenlistments and attained the rank/grade of staff sergeant (SSG)/E-6.
3. The applicant's records also show he served in Southwest Asia in support of Operations Desert Shield/Storm from 5 December 1990 to 10 May 1991. He was assigned to Headquarters and Headquarters Company, 3rd Battalion, 8th Cavalry Regiment, Germany.
4. On 11 February 1991, the applicant requested early separation from the Army due to reduction in force. His request was subsequently approved and he was honorably discharged on 16 March 1992. The DD Form 214 he was issued shows he completed 12 years, 7 months, and 16 days of creditable active service.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 and/or his DD Form 215 (Correction to DD Form 214), dated 30 April 1992, list several awards and decorations, but not the Humanitarian Service Medal.
6. The applicant submitted a copy of a letter, dated 14 July 1991, from his former battalion commander to his parents notifying them that the battalion participated in combat operations against the enemy during Operation Desert Storm as well as a demanding task of refugee control operations on a main highway in Southern Iraq.
7. 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.
8. 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 lists one operation during the applicant's service in Southwest Asia, the Kuwait Reconstruction Effort.
DISCUSSION AND CONCLUSIONS:
The applicant's service in Southwest Asia in support of Operations Desert Shield/Storm is not in question. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that his unit of assignment was awarded the Humanitarian Service Medal in support of the Kuwait Reconstruction Effort. Additionally, there is no evidence that he was assigned to any other unit that was awarded or otherwise met the qualifications for award of the Humanitarian Service Medal. Therefore, there is no evidence on which to base award of the Humanitarian Service Medal in this case.
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) AR20090011670
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