IN THE CASE OF:
BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120004687
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 records to show his service at Fort Chaffee, AR, from May to June 1980 and award of the Humanitarian Service Medal.
2. The applicant states he received the Humanitarian Service Medal and only personnel who supported the Cuban Resettlement Operation would get this award.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and DA Form 2-1 (Personnel Qualification Record).
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's records show he enlisted in the U.S. Army Reserve (USAR) on 20 June 1979. He was assigned to the 336th Aviation Company, Los Alamitos, CA.
3. He entered active duty for training (ADT) at Fort McClellan, AL, on 20 June 1979. He completed basic combat and advanced individual training and he was awarded military occupational specialty 94B (Food Service Specialist). He was released from ADT on 11 October 1979.
4. He continued his service with the 336th Aviation Company until he was honorably discharged on 25 February 1980 for the purpose of enlisting in the Regular Army.
5. He enlisted in the Regular Army on 18 March 1980. He was assigned as follows:
* 3rd Battalion, 18th Artillery, Fort Sill, OK, 25 March 1980 to 25 November 1981
* 2nd Battalion, 67th Air Defense Artillery, Germany, 28 December 1981 to 22 June 1983
* 1st Brigade, Fort Stewart, GA, 4 August 1983 to 9 May 1984
6. He was honorably discharged under the provisions of chapter 16 of Army Regulation 635-200 (Personnel Separations) on 9 May 1984. His DD Form 214 does not show he was awarded the Humanitarian Service Medal.
7. Nothing in his records (temporary duty (TDY) order, deployment order, manifest, roster, directives, or other documentation) shows he was assigned to Fort Chaffee, AR.
8. Army Regulation 600-8-22 (Military Awards) states the Humanitarian Service Medal 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. Table C-1 of Army Regulation 600-8-22 shows the Cuban Refugee Resettlement, 27 April 1980 1 July 1985, in Florida was approved by the Department of Defense as qualifying for award of the Humanitarian Service Medal.
9. Historical records show that crowded conditions in south Florida forced Federal agencies to move Cuban refugees out of the Florida area to other military installations, including Fort Chaffee, AR.
DISCUSSION AND CONCLUSIONS:
The Humanitarian Service Medal was authorized for Cuban Refugee Resettlement from 27 April 1980 1 July 1985, in Florida only. Although refugees were later moved to Fort Chaffee, the Humanitarian Service Medal was not awarded for service in any area other than Florida. In addition, there are no provisions to enter any assignment other than the last permanent duty assignment (or, later, overseas deployments) on the DD Form 214.
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) AR20120004687
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120004687
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090000890
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that her record and DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by credited her with participation in the 1980 and 1981 Cuban Campaigns. Although the applicant received a letter of commendation for providing support to the Cuban Resettlement Program at Fort Chaffee, Arkansas, from 2 August 1980 through 4 November 1980, there is...
ARMY | BCMR | CY2002 | 2002073105C070403
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. APPLICANT REQUESTS:...
ARMY | BCMR | CY2015 | 20150001404
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) to show he was awarded a Certificate of Achievement and the Humanitarian Service Medal. He was awarded an Army Certificate of Achievement and the Humanitarian Service Medal for his participation, neither of which were listed on his DD Form 214 when he processed out of the Army. As a result, the Board recommends that all...
ARMY | BCMR | CY2010 | 20100016516
The applicant states he was wounded in Vietnam and he participated in the "Cuban Boat Affair." The applicant's service records: * do not contain his service medical records; there is no medical documentation of a wound suffered in Vietnam * do not contain orders/documentation awarding the Purple Heart or Humanitarian Service Medal 5. There is no such evidence available and the applicant's records contain no orders awarding the Purple Heart.
ARMY | BCMR | CY2008 | 20080019182
The applicant states, in effect, he does not believe that these awards are recorded in his military records. The evidence of record shows that meritorious service awards may be awarded, upon retirement, which may include periods of service longer than that served in the recommending command and that such period is limited to the last 10 years of service. The evidence of record shows that the applicant served a qualifying period of service for award of the Korea Defense Service Medal from...
ARMY | BCMR | CY2002 | 2002066731C070402
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. In the absence of evidence to the contrary, it must be presumed that the applicant’s voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, to avoid trial by court-martial, was administratively correct and in conformance with applicable...
ARMY | BCMR | CY2012 | 20120021626
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: a. award of the Army Good Conduct Medal, Humanitarian Service Medal (HSM), and Sharpshooter Marksmanship Qualification Badge for the light anti-tank weapon (LAW), and b. his year of birth as 1957. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during...
ARMY | BCMR | CY2010 | 20100008888
Application for correction of military records (with supporting documents provided, if any). The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. There is insufficient evidence that shows he directly participated in the relief operations.
ARMY | BCMR | CY2010 | 20100028763
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * she received a letter of commendation recognizing her efforts during the Cuban Resettlement Program * completion of Traffic School (now known as the Traffic Management and Accident Investigation Course) in Vilseck, Germany 2. The applicant's available record does not contain a certificate of training or any other evidence that shows she completed "Traffic School." There is...
ARMY | BCMR | CY1995 | 9511335C070209
APPLICANT REQUESTS: That his record be corrected to show that he was awarded the Humanitarian Service Medal (HSM). EVIDENCE OF RECORD: The applicant's military records show: He enlisted in the Regular Army for 4 years on 31 January 1980. The record does not show and the applicant has not provided any evidence to support his contention that he was awarded the HSM.