IN THE CASE OF:	  

		BOARD DATE:  16 February 2012

		DOCKET NUMBER:  AR20110016065 


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 award of the Combat Action Ribbon, Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, “Occupational Service Medal” (he may be referring to the Global War on Terrorism Service Medal), and Humanitarian Service Medal.  

2.  He states he should have been awarded these awards.  

3.  He provides no additional documents.  

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.  After completion of prior enlisted service in the U.S. Marine Corps Reserve and the Virginia Army National Guard (VAARNG), the applicant was appointed as a second lieutenant in the VAARNG.  He was honorably discharged from the VAARNG on 1 July 1982 and transferred to a Troop Program Unit (TPU) of the U.S. Army Reserve in Richmond, VA on the following day.  

3.  On 27 December 1990, he was ordered to active duty in support of Operation Desert Shield/Desert Storm.  

4,  His DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Panama from 10 December 1989 through 30 January 1990 and in Saudi Arabia from 1 February to 15 April 1991.  

5.  He was honorably released from active duty on 4 May 1991 and transferred to a TPU at Fort Meade, MD on the following day.  

6.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 May 1991 shows award of the Army Service Ribbon, Army Lapel Button, National Defense Service Medal with one bronze service star, Army Reserve Components Achievement Medal, Army Achievement Medal, Army Commendation Medal, and Armed Forces Reserve Medal.  

7.  Orders published on 10 May 1995 released him from the U.S. Army Reserve Control Group (Reinforcement) and assigned him to Retired Reserve, effective 10 May 1995, by reason of completion of 20 or more years of Reserve duty.  

8.  References:

   a.  Department of Defense Instruction 1348.33 (Military Awards Program) states the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of O-6 and below who have actively participated in ground or surface combat.  An individual who earned the Combat Infantryman Badge in the Army may be authorized to wear the Combat Action Ribbon as a member of the U.S. Navy, the U.S. Marine Corps, or the U.S. Coast Guard.  

	b.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 
19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  

	c.  Army Regulation 600-8-22 states the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the Global War on Terrorism Expeditionary Medal.

	d.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the AOE designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

	e.  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.

   f.  Table C-1 of Army Regulation 600-8-22 shows the Panama Earthquake Relief Operation (22 April to 4 May 1991) was approved by the Department of Defense as qualifying for award of the Humanitarian Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention in regard to his entitlement to the specified awards is acknowledged.  However, the evidence of record does not indicate an error or injustice exists in this case.  

2.  The authority for award of the Combat Action Ribbon states it is awarded to members of the U.S. Navy, U.S. Marine Corps, and the U.S. Coast Guard operating under the control of the U.S. Navy.  An individual who earned the Combat Infantryman Badge in the Army may be authorized to wear the Combat Action Ribbon as a member of the U.S. Navy, U.S. Marine Corps, or the U.S. Coast Guard.  

3.  The evidence of record shows the applicant served in the U.S. Marine Corps Reserve.  However, his service record is void of evidence which shows he was awarded the Combat Action Ribbon by the Department of the Navy; therefore, there is no basis for granting him award of the Combat Action Ribbon.  

4.  Records show he retired from military service on 10 May 1995.  Therefore, he was not in an active status during the period the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, and Global War on Terrorism Service Medal were authorized.  

5.  His service record is void of evidence and he has not provided any evidence which verifies he was awarded the Humanitarian Service Medal for participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  Therefore, there is no basis for granting him award of the Humanitarian Service Medal.  

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)                                         AR20110016065





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110016065



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1