DOCKET NUMBER:  AR20100028905 


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) for the period ending 13 December 1994 to show award of the Humanitarian Service Medal, Armed Forces Service Medal, Kuwait Liberation Medal-Kuwait, and Parachutist Badge.

2.  The applicant states these awards were authorized after his discharge.  He adds he overlooked that the Parachutist Badge was not entered on his DD Form 214.

3.  The applicant provides copies of the subject DD Form 214; a Department of Veterans Affairs letter; a Joint Task Force message, subject:  Awarding of the Humanitarian Service Medal; the Armed Forces Service Medal criteria; a United Nations (UN) Protection Force U.S. Joint Task Force Provide Promise Distinguished Service Certificate; his UN Medal certification; and an Army/American Council on Education (ACE) Registry Transcript System (AARTS) printout.

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.  His military records show he enlisted in the Regular Army (RA) on 6 August 1987.  He completed initial entry training and was awarded the military occupational specialty of medical supply specialist.

3.  He was released from active duty on 4 August 1990.  He again enlisted in the RA on 5 September 1990.  The highest rank/grade he attained was specialist/
E-4.

4.  His latest DD Form 214 shows he served in Southwest Asia during the period 5 December 1990 to 30 April 1991 and in Croatia during the period 10 November 1992 to 26 April 1993.

5.  He provided an AARTS transcript printed on 5 January 2010 which shows on page 3 of 3 that he held the special qualification identifier (SQI) of "P" designating he was parachutist qualified.

6.  His records contain a UN Protection Force U.S. Joint Task Force Provide Promise Certificate for distinguished service during the period November 1992 to April 1993, given on 3 May 1993 in the city of Zagreb, Republic of Croatia.

7.  His records contain a UN Medal certification document indicating he had been awarded the UN Medal for service with the UN Protection Force during the period 10 November 1992 to 26 April 1993.

8.  He provided a copy of a message, Headquarters, Joint Task Force Provide Promise, dated 23 December 1993, subject:  Awarding of the Humanitarian Service Medal, which indicated Joint Task Force Provide Promise would be requesting approval for the awarding of the Humanitarian Service Medal to all personnel who had been involved in Operation Provide Promise.  He indicated on the copy of the message that one of the listed units (U.S. Hospital at Camp Pleso, Zagreb, Croatia), was the 212th Mobile Army Surgical Hospital, his unit.

9.  On 13 December 1994, he was honorably discharged.  His DD Form 214 shows he completed 7 years, 3 months, and 8 days of total active service.  His DA Form 2-1 (Personnel Qualification Record – Part II) does not show him holding a military occupational specialty (MOS) with SQI "P."

10.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his latest DD Form 214 shows award of the Army Commendation Medal, Army Achievement Medal (2nd Award), Joint Meritorious Unit Award, Army Good Conduct Medal (2nd Award), National Defense Service Medal, Southwest Asia Service Medal with three bronze service stars, Army Service Ribbon, Overseas Service Ribbon (2nd Award), UN Medal, Kuwait Liberation Medal, and Driver and Mechanic Badge with Driver-W Bar.

11.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992:

	a.  participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action; and 

	b.  participate for 1 or more days in the operation within the designated area of eligibility or meet one or more of several criteria including being engaged in direct support for:

		(1)  30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or

		(2)  60 nonconsecutive days provided this support involves entering the area of eligibility.

12.  Army Regulation 600-8-22, table 2-5, shows Operation Provide Promise was a military operation designated for the Armed Forces Service Medal for the period 20 November 1995 to 19 December 1996.

13.  Army Regulation 600-8-22 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.  The list of approved operations for award of the Humanitarian Service Medal does not include Operation Provide Promise.

14.  Army Regulation 600-8-22 states award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

15.  Any Parachutist badge may be revoked when the awardee is punished under the Uniform Code of Military Justice for refusal to participate in a parachute jump or initiates action which results in termination of airborne status or withdrawal of any Career Management Field 18 MOS, 180A, or specialty skill identifier 18A before he or she completes 36 cumulative months of airborne duty.  Any parachutist badge with bronze star for a combat jump will be retained regardless of time on airborne status.  Any parachutist badge will be retained if the Soldier is unable to complete 36 cumulative months of airborne duty through no fault of his or her own, for example, injury or reassignment under favorable conditions.

16.  The Kuwait Liberation Medal-Saudi Arabia awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

17.  The Kuwait Liberation Medal-Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  He provided a message which indicates a request for award of the Humanitarian Service Medal for Operation Provide Promise was being submitted.  However, a review of the list of approved operations for award of the Humanitarian Service Medal did not reveal that Operation Provide Promise was included as an approved operation.  As such, there is insufficient evidence to support adding this award to his DD Form 214.

2.  His DD Form 214 shows he served in Croatia during the period 10 November 1992 to 26 April 1993.  Table 2-5 of Army Regulation 600-8-22 shows the qualifying period of service authorized for the Armed Forces Service Medal for Operation Provide Promise was 20 November 1995 to 19 December 1996.  Therefore, it appears he is not eligible for the Armed Forces Service Medal.

3.  The available evidence shows he completed a qualifying period of service for award of both the Kuwait Liberation Medal-Kuwait and the Kuwait Liberation Medal-Saudi Arabia.  Therefore, he is entitled to have his DD Form 214 corrected to show both of these awards.

4.  He provided an AARTS printout showing he held the SQI of "P" indicating he was parachutist qualified.  However, this document in not an official Army document and a review of his records failed to reveal any orders awarding him the Parachutist Badge or any official documents showing the SQI "P."  Additionally, there is no evidence he met the eligibility criteria for retention of the Parachutist Badge, such as completing 36 cumulative months of airborne duty if, in fact, he was ever awarded the badge.  As such, there is insufficient evidence to supporting awarding this badge and adding it to his DD Form 214.

5.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.

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.  deleting the Kuwait Liberation Medal from his DD Form 214 for the period ending 13 December 1994 and

	b.  adding to his DD Form 214 for the period ending 13 December 1994 the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait.

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 adding the Humanitarian Service Medal, 


Armed Forces Service Medal, and Parachutist Badge to his DD Form 214 for the period ending 13 December 1994.



      __________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)                                         AR20100028905



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ABCMR Record of Proceedings (cont)                                         AR20100028905



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