IN THE CASE OF:	  

		BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20110003846


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 award of the Korea Defense Service Medal (KDSM) and two Humanitarian Service Medals (HSM).

2.  The applicant states he served in Korea at Camp Casey in 1986.  He further states he participated in Operation Firebreak in Oregon and Idaho in July-August 1989 and in the Mississippi River Flood Operation in 1993.

3.  The applicant provides no additional documentation.

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 served in the Regular Army for 10 years and 22 days from 5 February 1985 to 27 February 1995 at which time he was honorably discharged.

3.  The applicant enlisted in the Iowa Army National Guard on 28 February 1995 and served until 1 February 1996.

4.  The applicant's records contain a DA Form 2-1 (Personnel Qualification Record – Part II).  This document shows he served in Korea from 15 June 1985 through 10 June 1986.  It also shows the following awards:

* Army Commendation Medal (ARCOM) – four awards
* Army Achievement Medal (AAM) – three awards
* Army Good Conduct Medal (AGCM)
* National Defense Service Medal (NDSM)
* Southwest Asia Service Medal (SWASM) with three bronze service stars (BSS)
* Army Service Ribbon (ASR)
* Overseas Service Ribbon (OSR)
* Kuwait Liberation Medal – Saudi Arabia (KLM-SA)
* Meritorious Unit Commendation (MUC)
* Driver and Mechanic Badge
* Expert Marksmanship Qualification Badges – Rifle (M-16) and Hand Grenade

5.  The applicant's DA Form 2-1 does not show the HSM as an authorized award.

6.  There are no orders in the applicant's records awarding him the HSM or orders showing deployment in support of humanitarian operations.

7.  The applicant's DD Form 214 shows the following awards:

* ASR
* NDSM
* Army Lapel Button
* AGCM (3rd Award)
* OSR (2)
* SWASM with three BSS
* KLM
* ARCOM with three oak leaf clusters (OLC)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Pistol Bar (9-milimeter)
* AAM with two OLC
* Driver and Mechanic Badge
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* MUC

8.  Army Regulation 600-8-22 (Military Awards) states the KDSM is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

9.  Army Regulation 600-8-22 states the KLM-SA 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.

10.  Army Regulation 600-8-22 states the KLM awarded by the Government of Kuwait (KLM-KU) 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.

11.  Army Regulation 600-8-22 states the HSM 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.

12.  Table C-1 of Army Regulation 600-8-22 shows Operation Firebreak (28 July-25 August 1989) and the Mississippi River Flood Operation (9 July-20 August 1993) were approved by the Department of Defense as qualifying for award of the HSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show two awards of the HSM and one award of the KDSM.

2.  The applicant's records clearly show he served the requisite period in Korea and is authorized award of the KDSM.

3.  Unfortunately, there is insufficient evidence available to support awarding the applicant the HSM.

4.  The applicant's records show he is entitled to additional awards not shown on his DD Form 214.

* the Government of Kuwait also awarded a KLM – the applicant's records should show the KLM-SA and the KLM-KU
* the applicant was awarded the Expert Marksmanship Qualification Badge with Grenade Bar

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:

* deleting the KLM from his DD Form 214
* adding the KDSM, KLM-SA, KLM-KU, and Expert Marksmanship Qualification Badge with Grenade Bar to his DD Form 214

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 two awards of the HSM.



      _____________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)                                         AR20110003846



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110003846



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1