IN THE CASE OF:	  

		BOARD DATE:	 29 April 2010 

		DOCKET NUMBER:  AR20090017150 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal and the Humanitarian Service Medal.

2.  The applicant states that these awards were not placed on his 
DD Form 214.

3.  The applicant provides, in support of his application, copies of his DD Form 214, DD Form 256A (Honorable Discharge Certificate), and a memorandum with attached list of individuals awarded the Humanitarian Service Medal.

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.  On 31 July 1997, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 13E (Cannon Fire Direction Specialist).  He was subsequently assigned to Fort Drum, New York.

3.  On 11 February 1999, the Commander, 10th Mountain Division Artillery, Fort Drum, provided a memorandum with an attached list of individuals who were approved for award of the Humanitarian Service Medal for participation in the Ice Crisis 1998 Disaster Relief Operation.  The applicant's name is listed.

4.  On 4 November 1999, the applicant reenlisted in the Regular Army for a period of 3 years.  His rank at the time was specialist, pay grade E-4.

5.  Item 4 (Assignment Considerations) of the applicant's DD Form 2-1 (Personnel Qualification Record - Part II) states he was barred from reenlistment on 10 May 2000.

6.  On 21 February 2001, the applicant was discharged from active duty under the provisions of Army Regulation 635-200, paragraph 14-12B, due to misconduct.  The discharge packet is missing from his military records.  However, his DD Form 214 shows his service was characterized as under honorable conditions (General).  He had completed 3 years, 6 months, and 
21 days of creditable active duty.

7.  Army Regulation 600-8-22 (Military Awards) provides:

   a.   The Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.
   
   b.  Individuals on whom favorable personnel actions have been suspended neither are recommended for nor receive awards during the period of suspension.
   
   c.  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.

   d.  Table C-1 of Army Regulation 600-8-22 shows the Department of Defense approved award of the Humanitarian Service Medal for the Northeastern U.S. Ice Crisis 1998 Disaster Relief Operation for New York and Maine for 
10 to 30 January 1998 and 13 to 21 January 1998.

8.  Army Regulation 600–8–2 (Suspension of Favorable Personnel Actions (Flags)) provides that a flag will be initiated immediately when a Soldier’s status changes from favorable to unfavorable.  A flag is mandatory for elimination actions.  A Soldier is not eligible to receive an award or decoration while flagged.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be changed to show award of the Army Good Conduct Medal and the Humanitarian Service Medal.

2.  The available evidence shows the applicant was identified as a participant in the Northeastern U.S. Ice Crisis 1998 Disaster Relief Operation.  Therefore, his DD Form 214 should be corrected to show award of the Humanitarian Service Medal.

3.  Additionally, the evidence shows the applicant completed 3 years of active duty service on 30 July 2000.  However, he was barred from reenlistment in May 2000 and he was subsequently discharged in February 2001 due to misconduct.  Accordingly, he is not eligible for award of the Army Good Conduct Medal.

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 the Humanitarian Service Medal to his DD Form 214.

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 award of the Army Good Conduct Medal.



      _______ _   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)                                         AR20090017150



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ABCMR Record of Proceedings (cont)                                         AR20090017150



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