IN THE CASE OF:	  

		BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100026527 


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 (Report of Separation from Active Duty) with an effective date of 22 July 1977 to reflect his service in Guatemala.

2.  The applicant states he was sent to Guatemala for 4 months in April 1976 following an earthquake.

3.  The applicant provides no additional evidence in support of his application.

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.  He enlisted in the Regular Army on 23 July 1974 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 64C (Motor Transport Operator).

3.  On 11 November 1974, he was assigned to Company B, 548th Engineer Battalion.

4.  In a letter, dated 26 April 1976, the President of Guatemala extended on behalf of the people of Guatemala their sincere thanks for the magnificent job the 548th Engineer Battalion did in their country.

5.  On 25 May 1976, his unit commander forwarded a letter of congratulations to him from the Commander, XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC, to the 548th Engineer Battalion for their work in Guatemala.  His commander stated it was a combined effort to accomplish the successful reconstruction operation in Guatemala and it took the applicant's individual professionalism and skillful contribution to succeed in their mission.

6.  Item 27 (Remarks) of his DA Form 2-1 (Personnel Qualification Record) contains a statement that he is eligible for immediate reenlistment.

7.  On 22 July 1977, he was released from active duty.  He completed 3 years of active service that was characterized as honorable.  His DD Form 214 contains the following pertinent entries:

	a.  item 18f (Foreign and/or Sea Service This Period) indicates "0  0  0" [zero years, months, and days] and

	b.  item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) indicates:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

8.  There is no evidence the applicant received his first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he was promoted to specialist four/pay grade E-4.

9.  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.

10.  Table C-1 of Army Regulation 600-8-22 shows the Guatemala Earthquake Operation (4 February-30 June 1976) was approved by the Department of Defense as qualifying for award of the Humanitarian Service Medal.

11.  Army Regulation 600-8-22 states the Army 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 Army Good Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The exact dates he deployed to Guatemala and returned are not in evidence. 
However, based on his statement that he deployed in April 1976 and the ending date (30 June 1976) of the period for the award of the Humanitarian Service Medal authorized for the operation, it is reasonable to conclude he was deployed for at least 3 months.  Therefore, it would be appropriate to correct item 18f of his DD Form 214 to read "0  3  0" [zero years, 3 months, and zero days].

2.  Letters from the President of Guatemala, the XVIII Airborne Corps Commander, and his unit commander show the applicant directly participated in the Guatemala Earthquake Operation within the designated geographical area of operation and within specified time limits.  Therefore, he is entitled to the Humanitarian Service Medal.

3.  His military records do not show indiscipline or lost time and he was promoted to specialist four.  His DA Form 2-1 contains a note that he was eligible for immediate reenlistment.  Therefore, the preponderance of evidence shows the applicant he is eligible for the first award of the Army Good Conduct Medal based on completion of qualifying service from 23 July 1974 to 22 July 1977.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period of service from 23 July 1974 to 22 July 1977,

	b.  amending item 18f of his DD Form 214 to read "0  3  0," and

	c.  amending item 26 of his DD Form 214 by adding:

* Army Good Conduct Medal (1st Award)
* Humanitarian Service Medal

2.  The Board further determined 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 foreign service in excess of 3 months.



      ____________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)                                         AR20100026527



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100026527



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1