IN THE CASE OF:	  

		BOARD DATE:	  19 October 2010

		DOCKET NUMBER:  AR20100013055 


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) dated 28 February 2006 to show he was awarded:

* Armed Forces Service Medal
* Humanitarian Service Medal (Third Award)
* Army Meritorious Service Medal (Second and Third Award)

2.  The applicant states he was issued these awards post retirement and post hurricanes Katrina and Rita.

3.  The applicant provides:

* DD Form 214
* website page "USA Military Medals.Com"
* DA Form 638 (Recommendation for Award), dated 15 November 2005
* Permanent Orders 037-088, dated 6 February 2006
* DA Form 638, dated 7 July 2006
* Permanent Orders Number 209-3, dated 28 July 2006






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 27 February 1981, the applicant enlisted in the Louisiana Army National Guard for 6 years.  He successfully completed training as a unit supply specialist. He was ordered to active duty in the Active Guard Reserve, effective 12 May 1983.

3.  He remained on active duty through reenlistments and continuations until he was honorably retired on 28 February 2006, due to obtaining sufficient service for retirement.

4.  The DD Form 214 he was issued dated 28 February 2006 shows he was awarded:

* Bronze Star Medal
* Meritorious Service Medal
* Army Commendation Medal
* Army Achievement Medal (Second Award)
* Army Superior Unit Award
* Army Good Conduct Medal (Sixth Award)
* Army Reserve Components Achievement Medal (Third Award)
* National Defense Service Medal (Second Award)
* Humanitarian Service Medal (Second Award)
* Armed Forces Reserve Medal (2nd Award)
* Noncommissioned Officer Professional Development Ribbon (Third Award)
* Army Service Ribbon
* Army Reserve Component Overseas Training Ribbon (Ninth Award)
* Armed Forces Reserve Medal with "M" Device


* Afghanistan Campaign Medal
* Global War on Terrorism Service Medal

5.  His DD Form 214 also shows he was deployed to Afghanistan in support of Operation Enduring Freedom from 5 June 2002 through 17 February 2003.

6.  The applicant provides a copy of Permanent Orders 037-088, dated 6 February 2006 awarding him the Meritorious Service Medal for service during Hurricanes Katrina and Rita Logistical Operations in the State of Louisiana from 29 August 2005 through 15 November 2005.

7.  He also provides a copy of Permanent Orders Number 209, published on 28 July 2006, awarding him the Meritorious Service Medal for outstanding meritorious service in positions of increasing responsibility, culminating as Battalion Supply Sergeant from 1 March 1996 to 28 February 2006.

8.  The available records do not show that the applicant was ever awarded the Armed Forces Service Medal, the Humanitarian Service Medal (Third Award), or the Meritorious Service Medal (Third Award).

9.  The applicant's records do contain a DD Form 214 dated 3 March 2003, showing he was awarded the Army Achievement Medal (Third Award), and the Humanitarian Service Medal (Second Award).

9.  A directive issued by the Department of Defense on 16 April 2008 designated three campaigns with the Afghanistan Campaign Medal (the Liberation of Afghanistan, 11 September 2001 to 30 November 2001; the Consolidation I, 1 December 2001 to 30 September 2006; and the Consolidation II, 1 October 2006 to a date to be determined).  Furthermore, Army Regulation 600-8-22 (Military Awards) states that a bronze service star will be awarded for wear on the Afghanistan Campaign Medal for participation in each campaign.

10.  Department of Defense 1348.33-M (Manual of Military Decorations & Awards) 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:  (1) 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 (2) 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.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award.  The regulation also provides that there is no automatic entitlement to an award upon departure either from an assignment or from the service.  

12.  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.

13.  Table C-1 of Army Regulation 600-8-22 shows that the Hurricane Andrew Disaster Relief Operation (23 August to 10 November 1992 in Florida and 26 August to 8 October 1992 in Louisiana) was approved by the Department of Defense as qualifying for award of the Humanitarian Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been considered along with his supporting evidence and the evidence contained in his official record.





2.  His records do not show that he is authorized the Armed Forces Service Medal, the Humanitarian Service Medal (Third Award), or the Meritorious Service Medal (Third Award).  Therefore, these awards should not be included on his DD Form 214 dated 28 February 2006.

3.  His records do show he is authorized the Meritorious Service Medal (Second Award), the Humanitarian Service Medal (Second Award), and the Sharpshooter Marksmanship Qualification Badge (Rifle M-16).  This information is currently reflected on his DD Form 214 dated 28 February 2006.

4.  The applicant's records also show he is authorized the Army Achievement Medal (Third Award) and one bronze service star to be affixed to his already-awarded Afghanistan Campaign Medal.

5.  In view of the foregoing, it would be in the interest of justice to correct the applicant's records as recommended below.

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 amending his DD Form 214 dated 28 February 2006 to show he is authorized:

* Humanitarian Service Medal (Second Award)
* Meritorious Service Medal (Second Award)
* Army Achievement Medal (Third Award)
* one bronze service star to be affixed to his already-awarded Afghanistan Campaign Medal




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 amending his DD Form 214 dated 28 February 2006 to show he was awarded:

* Armed Forces Service Medal
* Humanitarian Service Medal (Third Award)
* Meritorious Service Medal (Third 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.
ABCMR Record of Proceedings (cont)                                         AR20100013055



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ABCMR Record of Proceedings (cont)                                         AR20100013055



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