IN THE CASE OF:	  

		BOARD DATE:  6 September 2012

		DOCKET NUMBER:  AR20120004350 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 1995 to show award of the Legion of Merit (LOM) and any additional individual or unit awards to which he is entitled. 

2.  The applicant states:

* the LOM was awarded after his retirement
* possible unit awards are not shown on his DD Form 214
* he was assigned to the following units:

*	U.S. Army Military Intelligence Battalion (Low Intensity), 1994-1995
*	U.S. European Command Flight Detachment, 1986-1992

* he supported Joint Task Force Uphold/Restore Democracy and Operation Provide Promise

3.  The applicant provides:

* DA Form 4980 (LOM Certificate)
* Permanent Orders Number 347-5, U.S. States Army Intelligence and Security Command, Fort Belvoir, VA, dated 13 December 1995
* DD Form 214


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's complete military personnel record is unavailable.  The case is being considered with the documents provided by the applicant and the limited documents in his interactive Personnel Electronic Records Management System (iPERMS).  A complete listing of all of the applicant's units of assignment is unavailable.

3.  After having served a prior period of honorable enlisted service, the applicant accepted an appointment as a Reserve warrant officer on 5 October 1970.  On 30 November 1995, he was retired on 1 October 1995.  He completed 25 years, 1 month, and 26 days of creditable active military service.  

4.  Permanent Orders Number 347-5, dated 13 December 1995, awarded the applicant the LOM.

5.  The applicant's DD Form 214:

* does not show award of the LOM
* shows a unit to which he was assigned was awarded the Joint Meritorious Unit Award

6.  The applicant's DA Form 4980 shows the following:  "His assignments include duties as an Aviation Maintenance Technician, Maintenance Pilot, as well as numerous direct flight operations in support of real world contingencies including Operation Uphold Democracy and Joint Task Force Provide Promise (Joint Task Force Uphold/Restore Democracy and Operation Provide Promise)."

7.  A Standard Form 98 (Report of Medical Examination) shows the applicant was assigned to the 173d Aviation Company.

8.  The applicant's DA Form 67-8 (U.S. Army Officer Evaluation Report) for the period 30 July 1994 through 29 July 1995 shows he was assigned to Headquarters and Headquarters Services Company, Military Intelligence Battalion (Low Intensity), Orlando, FL.

9.  A review of approved unit awards listed on the Awards and Decorations Branch, U.S. Army Human Resources Command website failed to show entitlement to any additional unit awards. 

10.  Army Regulation 600-8-22  (Military Awards) shows:

   a. The Humanitarian Service Medal (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.
   
   b. The HSM was approved for direct participation in support of Joint Task Force Operation Uphold/Restore Democracy, a U.S. Atlantic Command permissive entry stability operation in Haiti during the period 10 September 1994 through 31 March 1995.

   c. The Armed Forces Service Medal (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  

   d. The AFSM was approved for direct participation in support of Operation Provide Promise, a U.S. European Command humanitarian relief operation, during the period 20 November 1995 to 19 December 1996, in the former Republic of Yugoslavia.
   
11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It further states to list awards and decorations for all periods of service in priority sequence as specified in Army Regulation 600-8-22 and that each entry will be verified by the Soldier's record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the LOM and any additional individual or unit awards to which he is entitled was carefully considered and determined to have partial merit.

2.  Permanent orders awarded the applicant the LOM; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Although the applicant's LOM Certificate states he participated in Joint Task Force Operation Uphold/Restore Democracy, insufficient corroborating evidence has been presented to show he entered the geographic area of eligibility required for award of the HSM.

4.  The beginning period of eligibility for award of the AFSM for Operation Provide Promise was 20 November 1995 and required a minimum of 30 days of direct support.  The applicant retired 1 December 1995; therefore, he is not entitled to award of the AFSM.

5.  Given the limited knowledge of the applicant's units of assignment, there is no evidence of record to show entitlement to any additional unit awards.  Therefore, there is an insufficient evidentiary basis for granting this portion of the applicant's requested relief.



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 adding the LOM to his DD Form 214 for the period ending 30 November 1995.

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 the HSM, AFSM, and award of additional unit awards.  



      __________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)                                         AR20120004350



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ABCMR Record of Proceedings (cont)                                         AR20120004350



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