IN THE CASE OF:
BOARD DATE: 5 July 2012
DOCKET NUMBER: AR20120000979
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, in effect, correction of his military records to show award of the Humanitarian Service Medal (HSM), Presidential Unit Citation (PUC), and the Combat Infantryman Badge (CIB) for his service in support of Operation Provide Comfort.
2. The applicant makes no statement.
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 applicants 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 applicants 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 18 July 1989. He completed his initial training to include the Basic Airborne Course. He was awarded military occupational specialty (MOS) 11B1P (Infantryman with parachutist qualification).
3. The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows that:
a. on 27 November 1989, he was assigned to the 325th Infantry Regiment, located in Italy;
b. on 27 April 1991, he was attached, in a temporary duty status, to Joint Task Force B, located in Incirlik, Turkey;
c. he served in an imminent danger pay area in Turkey from 27 April to
20 July 1991 where he was engaged in defensive combat operations in support of Operation Provide Comfort; and
d. his awards included the Southwest Asia Service Medal with one bronze service star.
4. On 28 December 1992, the applicant was discharged. He had completed
3 years, 5 months, and 12 days of creditable active duty service.
5. The applicant's DD Form 214 shows his awards as:
* Army Service Ribbon
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* Overseas Service Ribbon
* Spanish Armed Forces Parachute Badge
6. Army Regulation 600-8-22 (Military Awards):
a. The PUC is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.
b. The HSM is awarded to members who 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.
c. Table C-1 of this regulation shows the HSM was authorized for the first increment of Operation Provide Comfort from 5 April 1991 to 14 June 1991 which included operations in Northern Iraq and Turkey.
d. There are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must have actively participated in such ground combat.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his military records should be corrected to show award of the HSM, PUC, and the CIB for his service in support of Operation Provide Comfort.
2. The available evidence of record clearly shows that the applicant served a qualifying tour for award of the HSM. Therefore, his records should be corrected to show this medal.
3. The evidence clearly shows that the applicant was awarded an infantryman MOS and was assigned to an infantry regiment in Italy. However, his duty in support of Operation Provide Comfort was with a task force. Furthermore, the available evidence does not clearly show that he actually engaged in active ground combat with the enemy. Therefore, his request for award of the CIB should be denied.
4. There are no available orders, and the applicant has not provided any such orders, showing that his unit was awarded the PUC for service in support of Operation Provide Comfort, or for any other operation during his period of service. Therefore, this portion of his request should be denied.
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 showing, in addition to the awards already shown on his DD Form 214, that his awards include the Humanitarian Service Medal.
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 award of the Presidential Unit Citation and the Combat Infantryman Badge.
_______ _ 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.
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