IN THE CASE OF:
BOARD DATE: 26 April 2011
DOCKET NUMBER: AR20100025835
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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Humanitarian Service Medal.
2. He states he was awarded the Humanitarian Service Medal for his efforts during the Hurricane Andrew clean-up and the award does not appear on his
DD Form 214. After spending 30 plus days in Homestead, FL, assisting victims of Hurricane Andrew, his entire unit, the 2nd Battalion, 325th Airborne, was awarded the Humanitarian Service Medal. He is sure that this was merely a clerical oversight and that it affects no one except him. This correction will not entitle him to any undue benefits or privileges. It will simply provide an accurate reflection of his service in the Army. It will complete his military records and demonstrate the nature of his service to his country.
3. He provides no additional evidence.
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 applicants military records show he enlisted in the Regular Army in pay grade E-1 on 21 May 1991, for 4 years. He completed the training requirements and he was awarded military occupational specialty 11B (Light Weapons Infantryman). He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 325th Airborne, 82nd Airborne Division, Fort Bragg, NC, from
21 November 1991 through 21 March 1993.
3. He was discharged from active duty in pay grade E-1 on 2 August 1993 for the good of the service in lieu of court-martial. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his
DD Form 214 lists the following awards: National Defense Service Medal, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Hand Grenade Bar, and Parachutist Badge.
4. Army Regulation 600-8-22 (Military Awards) states 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.
5. Table C-1 of Army Regulation 600-8-22 shows 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 contends his DD Form 214 does not reflect the Humanitarian Service Medal for his efforts during the Hurricane Andrew clean-up.
2. There is no evidence available to show the applicant directly participated in the humanitarian act or operation for the period within the designated geographical area of operation and within the specified time limits. Absent evidence to show that he personally participated in the Hurricane Andrew clean-up or that he was awarded the Humanitarian Service Medal for this operation there is insufficient evidence to support correction of his DD Form 214 to show this medal.
3. In view of the foregoing, there is no basis for granting his request.
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.
__________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) AR20100025835
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ABCMR Record of Proceedings (cont) AR20100025835
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