IN THE CASE OF:	  

		BOARD DATE:  22 October 2013

		DOCKET NUMBER:  AR20130003590 


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 (Certificate of Release or Discharge from Active Duty) to show all awards he is entitled to, including the Humanitarian Service Medal and Kuwait Liberation Medal (Kuwait).

2.  The applicant states he was not awarded all his earned medals and decorations when he retired from the Army at Fort Hunter Liggett, CA, on 31 July 1994.

3.  The applicant provides his DD Form 214 and an endorsement to a memorandum for award of the Humanitarian Service Medal.

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 26 July 1974.  He served through several reenlistments and/or extensions.  He attained the rank/grade of sergeant/E-5 on 7 August 1979.

3.  He was honorably retired from active duty on 31 July 1994 and he was placed in the Retired List on 1 August 1994.  He completed 20 years and 5 days of creditable active service.

4.  His DD Form 214 for the period ending 31 July 1994 shows award of the:

* Army Service Ribbon
* National Defense Service Medal (2nd Award)
* Army Good Conduct Medal (6th Award)
* Army Achievement Medal (5th Award))
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Overseas Service Ribbon (3rd Award)
* Army Commendation Medal (2nd Award)
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal
* Valorous Unit Award
* Mechanic Badge
* Driver and Mechanic Badge with Driver-T Bar
* Driver and Mechanic Badge with Driver-W Bar

5.  A review of item 5 (Oversea Service) of his DA Form 2-1 (Personal Qualification Record – Part II), shows, in part, he served in Korea from 24 November 1984 to 20 November 1985 and in Southwest Asia from 6 December 1990 to 25 April 1991.

6.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 does not show the Humanitarian Service Medal.  All awards shown are listed on his DD Form 214.

7.  The applicant provides a 2nd endorsement, issued by the Commander 5th Personnel Group, Germany, dated 30 March 1992, subject:  Approved Humanitarian Service Medal.  It states, in part, "The enclosed list is forwarded for your information and action…PSC [Personnel Service Company] commanders will annotate soldiers Military Personnel Records Jacket (MPRJ) to reflect award of the HSM [Humanitarian Service Medal] based on the list."  The endorsement did not state for which humanitarian operation this medal was being awarded and the list of Soldiers authorized the medal was not attached to the endorsement.

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

	a.  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.

	b.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	c.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

	d.  The Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Southwest Asia during a qualifying period for award of the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait) while his DD Form 214 only shows the Kuwait Liberation Medal.  Therefore, he is entitled to correction of his DD Form 214 accordingly.

2.  He served in Korea during a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  With respect to the Humanitarian Service Medal, award of this medal requires evidence that the Soldier directly participated in the humanitarian operation within the designated geographical area of operation and within specified time limits for which this award was authorized.  The evidence of record does not show and the applicant has not provided any evidence that shows he directly participated in an operation for which the Humanitarian Service Medal was authorized.  Therefore, there is an insufficient evidentiary basis for granting this portion of the 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 amending his DD Form 214 for the period ending 31 July 1994 as follows:

* deleting award of the Kuwait Liberation Medal
* adding award of the Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), and Korea Defense Service Medal

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 award of the Humanitarian Service Medal.



      _______ _  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)                                         AR20130004448



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ABCMR Record of Proceedings (cont)                                         AR20130003590



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