IN THE CASE OF:
BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130002372
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 DD Form 214 (Report of Separation from Active Duty) to show award of the Humanitarian Service Medal (HSM).
2. The applicant states he served at Indiantown Gap, Pennsylvania from August to November 1975 during Operation New Arrivals. The HSM was not authorized until after he was discharged.
3. The applicant provides a Certificate of Achievement, dated 1 December 1975.
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. On 28 June 1974, the applicant enlisted in the Regular Army. He was subsequently awarded military occupational specialty 95B (Military Police).
3. The Certificate of Achievement, dated 1 December 1975, as provided by the applicant and filed in his Army Military Human Resource Record (AMHRR) states that he was recognized for outstanding performance of duty while assigned to the 759th Military Police Battalion during Operation New Arrivals at Fort Indiantown Gap, Pennsylvania.
4. On 21 June 1977, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He had attained the rank of specialist four, pay grade E-4 and had competed 2 years, 11 months, and 24 days of creditable active service. His characterization of service was honorable.
5. The applicant's DD Form 214 lists his awards as the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Pistol Bar.
6. A review of the applicant's AMHRR failed to reveal any documents indicating he had received disciplinary action during his period of active duty service. There was no evidence showing that the commander disqualified the applicant for award of the Army Good Conduct Medal (AGCM).
7. Army Regulation 600-8-22 (Military Awards):
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.
b. Table C-1 of this regulation shows Operation New Life/New Arrivals from
1 April to 20 December 1975, at Fort Indiantown Gap, Pennsylvania was approved by the Department of Defense as qualifying for award of the HSM.
c. The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the HSM for his participation in Operation New Life/New Arrivals.
2. The available evidence clearly shows the applicant participated in Operation New Life/New Arrivals in 1975. Therefore, his DD Form 214 should be corrected to show the HSM.
3. The applicants records show that he distinguished himself in the performance of his military service by attaining the rank of specialist four and being honorably separated after having completed almost 3 years of active service. It is presumed that the AGCM was not listed on his DD Form 214 due to oversight. Accordingly, he should be awarded this medal.
BOARD VOTE:
____X___ ___X____ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. awarding him the Army Good Conduct Medal for the period 28 June 1974 to 21 June 1977; and
b. adding the Army Good Conduct Medal and Humanitarian Service Medal to his DD Form 214.
__________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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