IN THE CASE OF:
BOARD DATE: 26 November 2013
DOCKET NUMBER: AR20130006340
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 the Humanitarian Service Medal.
2. The applicant states his DD Form 214 does not show all his awards and medals; it should show the Humanitarian Service Medal. He worked at Enewetak Atoll, from June to December 1977.
3. The applicant provides his 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 enlisted in the Regular Army on 18 June 1976 and he held military occupational specialty 62B (Engineer Equipment Mechanic). He was assigned to Company C, 39th Engineer Battalion, Fort Devens, MA, from 1 October 1976 to 30 January 1979.
3. The applicant's records contain three annual DA Forms 2166-3 (Enlisted Evaluation Report (EER)), dated 30 September 1977, 20 December 1978, and 26 January 1979. None of these EERs note that he participated in a humanitarian relief operation in Enewetak Atoll during the rated periods.
4. He was honorably released from active duty on 9 June 1980 and he was transferred to the U.S. Army Reserve. He completed 3 years, 11 months, and 22 days of creditable active service.
5. The DD Form 214 he was issued does not show the Humanitarian Service Medal.
6. His record is void of documentation for the Humanitarian Service Medal and item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show this award.
7. Army Regulation 600-8-22 (Military Awards) states:
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. Table C-1 of Army Regulation 600-8-22 shows the Enewetak Radiological Cleanup (24 January 1977 to 15 April 1980) in Enewetak Atoll, Marshall Islands was approved by the Department of Defense as qualifying for award of the Humanitarian Service Medal.
DISCUSSION AND CONCLUSIONS:
Award of the Humanitarian Service 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 the Enewetak Radiological Cleanup in Enewetak Atoll, Marshall Islands. Therefore, there is an insufficient evidentiary basis for granting the requested relief.
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) AR20130006340
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ABCMR Record of Proceedings (cont) AR20130006340
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