BOARD DATE:	  28 June 2011

		DOCKET NUMBER:  AR20110000007 


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) to show the Meritorious Service Medal, Humanitarian Service Medal, and shoulder sleeve insignia-former wartime service (SSI-FWTS).

2.  The applicant states he had already departed his unit when the authorization for these awards was granted.

3.  The applicant provides his Meritorious Service Medal Certificate with orders number and an SSI-FWTS authorization memorandum.

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 on 8 December 1981.  He was awarded the military occupational specialties of water treatment specialist and heavy wheeled vehicle mechanic.  

3.  He served continuously through reenlistments until his retirement from active duty on 31 December 2001.  He completed a total of 20 years and 23 days of creditable active service.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, as amended, shows award of the Army Commendation Medal (4th award), Army Achievement Medal (5th award), Army Good Conduct Medal (6th award), National Defense Service Medal, Army (Retired) Lapel Button, Southwest Asia Service Medal with one bronze service star, Noncommissioned Officer Professional Development Ribbon with numeral 3, Army Service Ribbon, Overseas Service Ribbon (3d award), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  Headquarters, 3d Infantry Division Permanent Orders Number 248-4, dated 4 September 2001, awarded him the Meritorious Service Medal for meritorious service.

6.  His DA Form 2166-7 (Noncommissioned Officer (NCO) Evaluation Report) for the rating period April 1991 through October 1991 contained bullet comments indicating he served in support of Operation Provide Comfort. 

7.  A Headquarters, 51st Maintenance Battalion memorandum, dated 16 March 1992, and attached list show he was authorized to wear the SSI-FWTS based on service during the period May to August 1991.

8.  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.

9.  The list of approved operations for award of the Humanitarian Service Medal lists Task Force Provide Comfort (5 April - 14 June 1991 Iraq/Turkey) and Task Force Provide Comfort-II (15 June 1991- 15 April 1992 Iraq/Turkey).

10.  Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch.”  The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration.   

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the Meritorious Service Medal.  Therefore, he is entitled to have this medal added to his DD form 214.

2.  His DA Form 2166-7 indicates he served in support of Operation Provide Comfort during a qualifying time period to be authorized the Humanitarian Service Medal.  As such, it would be appropriate to add this award to his DD Form 214.

3.  Regulatory policy does not provide for entry of uniform wear items such as the SSI-FWTS on a DD Form 214.  As such, there is no basis for adding this patch to his DD Form 214.

4.  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 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 adding the Meritorious Service Medal and Humanitarian Service Medal to item 13 of this DD Form 214.

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 denial of so much of the application that pertains to adding the SSI-FWTS patch to his DD Form 214.




      _______ _  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)                                         AR20110000007



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ABCMR Record of Proceedings (cont)                                         AR20110000007



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