IN THE CASE OF:	  

		BOARD DATE:	  17 May 2012

		DOCKET NUMBER:  AR20110021202 


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 Humanitarian Service Medal (HSM) for Operation Joint Task Force (JTF) Katrina. 

2.  He states he deployed to Louisiana as part of JTF Katrina for 29 days beginning on 3 September 2005.

3.  He provides a copy of a Temporary Change of Station (TCS) order.

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 enlisted in the Regular Army on 17 August 2004.  After completion of training, he served in military occupational specialty 63B (Wheeled Vehicle Mechanic).  
3.  He provided a copy of Headquarters, 82nd Airborne Division, Orders 255-06, dated 12 September 2005.  This document showd that on 3 September 2005, elements of the 82nd Airborne Division were scheduled for a TCS assignment to Operation JTF Katrina (Louisiana, Mississippi) in support of Disaster Relief Operations.  This order contains the following information:

	a.  Soldiers are authorized, in part, $3.00 a day for meals and incidentals (M and IE); and 
 
   b.  The applicant's name appears on page 3 of the by-name deployment listing.

4.  His records do not contain a finalized DD Form 1351-2 (Travel Voucher or Subvoucher) for participation in Operation JTF Katrina, which is required to be filed upon completion of a TCS or travel under a temporary duty status.

5.  On 27 February 2008, he was discharged.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) does not include the HSM or Armed Forces Service Medal (AFSM).  

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  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.  Individuals awarded the HSM for direct participation during the “period of immediate relief” are also eligible for the AFSM if awarded.

	b.  the AFSM 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:

* 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
* 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:

* 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days' duration) 
* 60 nonconsecutive days provided this support involves entering the area of eligibility  

7.  The Office of the Deputy Under Secretary of Defense for Military Personnel Policy (ODUSD/MPP) maintains on its website a list of operations designated by the Chairman, Joint Chiefs of Staff (CJCS) for award of the HSM and AFSM.  The list shows: 

   a.  The AFSM was approved for hurricane relief operations during the period 27 August 2005 to 27 February 2006.  
   
   b.  Award of the HSM was approved for direct participation in Hurricane Katrina and Hurricane Rita relief efforts from 29 August to 13 October 2005.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the HSM for Operation JTF Katrina was carefully considered.

2.  The CJCS designated participation in disaster relief efforts for Hurricane Katrina as authorized operations for award of the HSM and the AFSM.   

3.  While he provided a copy of TCS orders which show he was scheduled to deploy in support of Operation JTF Katrina, he has not provided any conclusive evidence such as a finalized DD Form 1351-2 for the period in question.  

4.  Should he obtain conclusive evidence which confirms his participation in Operation JTF Katrina, he may resubmit his application for consideration. 

5.  In view of the foregoing, there is no basis to grant the requested relief.  







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)                                         AR20110021202





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ABCMR Record of Proceedings (cont)                                         AR20110021202



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