BOARD DATE: 20 May 2010
DOCKET NUMBER: AR20090020281
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 he was awarded the Humanitarian Service Medal (HSM), a Presidential citation, a U.S. Coast Guard award, and the Korea Defense Service Medal (KDSM).
2. The applicant states he served with Joint Task Force (JTF) 160 in Guantanamo Bay in 1995 and that JTF 160 was awarded the HSM, a Presidential citation, and a U.S. Coast Guard medal or award. He also states he served in Korea in 1991.
3. The applicant provides no documentation 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 enlisted in the Regular Army on 19 June 1990. He was trained in and awarded military occupational specialty (MOS) 16R (Vulcan Crewmember) and later served in MOS 14R (LOS-F-H Crewmember). He received an honorable discharge on 20 July 1995 after serving 5 years, 1 month, and 2 days of creditable active military service.
3. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show award of the HSM.
3. The applicant's record is void of documentation showing he served with
JTF 160 at Guantanamo Bay during his military service.
4. A DA Form 2-1 (Personnel Qualification Record) shows in item 5 (Overseas Service) the applicant served in Korea during the period 20 November 1990 through 10 December 1991.
5. Army Regulation 600-8-22 (Military Awards) states 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.
6. Table C-1 of Army Regulation 600-8-22 shows JTF 160/Operation SEA SIGNAL was approved by the Department of Defense as qualifying for award of the HSM for the period 20 May 1994 through 15 April 1996.
7. Department of the Army General Orders 14, 1997, announced award of the Joint Meritorious Unit Award to JTF 160 and participating Army units Task Force 161 and Army Force 161 for Operation SEA SIGNAL for the period 20 May 1994 through 15 April 1996.
8. A 1998 message from the U.S. Army Human Resources Command states the Commandant of the U.S. Coast Guard approved award of the U.S. Coast Guard Meritorious Unit Commendation to the U.S. Naval Base, Guantanamo Bay. This award included JTF 160.
9. Army Regulation 600-8-22 states the KDSM is authorized for award to members of the Armed Forces of the United States assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for
60 nonconsecutive days from 28 July 1954 to a date to be determined by the Secretary of Defense. The area of eligibility encompasses all land area of the Republic of Korea, the contiguous water out to 12 nautical miles, and all air spaces above the land and water area.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his records to show he was awarded the Humanitarian Service Medal (HSM), a Presidential citation, a U.S. Coast Guard award, and the Korea Defense Service Medal (KDSM) is partially supported by the evidence in this case.
2. The evidence of record does not show the applicant served with JTF 160 at Guantanamo Bay during Operation SEA SIGNAL, and the applicant has not provided such documentation. Therefore, he is not entitled to correction of his record to show award of the HSM or the unit citations awarded to JTF 160.
3. The evidence of record shows the applicant served in Korea for over a year during the period of eligibility for the KDSM. He is entitled to correction of his record to show this award.
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 Korea Defense 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 HSM, Presidential citation, and U.S. Coast Guard award.
_______ _ _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.
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