IN THE CASE OF:
BOARD DATE: 21 April 2011
DOCKET NUMBER: AR20100025826
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 social security number (SSN) as shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty). He also requests award of the Humanitarian Service Medal.
2. The applicant states:
* his SSN is incorrect as shown on his DD Form 214
* the Humanitarian Service Medal was issued to the 1st Battalion, 12th Infantry Division, for work with Cuban refugees at Fort McCoy, WI, from 1981 to 1982
3. The applicant provides:
* his social security card
* his DD Form 214
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 enlisted in the Regular Army on 19 September 1974. He completed training and was awarded military occupational specialty (MOS) 11B (infantryman) and later MOS 11M (fighting vehicle infantryman). He remained on active duty through continuous reenlistments until he retired in the rank of staff sergeant on 10 October 1989 by reason of permanent physical disability.
3. His DD Form 214 does not show the Humanitarian Service Medal as an authorized award.
4. There is no evidence that shows he participated in a Department of Defense approved military act or operation of a humanitarian nature.
5. A DD Form 215 (Correction to DD Form 214), dated 28 March 1990, amended item 3 (Social Security Number) of his DD Form 214 by correcting the ninth digit of his SSN to show "3." Therefore, this portion of his request will not be discussed further in this Record of Proceedings. A copy of the DD Form 215 will be provided to the applicant.
6. Army Regulation 600-8-22 (Military Awards) states the Humanitarian Service Medal is awarded to members who, after 1 April 1975, 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. Table C-1 does not show the Department of Defense approved a military act or operation at Fort McCoy, WI, in 1981-1982 as qualifying for award of the Humanitarian Service Medal.
DISCUSSION AND CONCLUSIONS:
There is no evidence of record and the applicant provided no evidence that shows he participated in a Department of Defense approved military act or operation of a humanitarian nature. Therefore, there is insufficient evidence on which to base award of the Humanitarian Service Medal.
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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________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) AR20100025826
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100025826
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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