IN THE CASE OF:	  

		BOARD DATE:	  10 June 2014

		DOCKET NUMBER:  AR20130018474 


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) for the period ending 30 June 1995 to show award of the Humanitarian Service Medal (HSM) and the Cold War Recognition Certificate.

2.  He states he was issued the HSM for service in the Northwest Firefighting Operation.  He would like to add the Cold War Recognition Certificate to his DD Form 214 because he qualified for it and applied for the certificate.  They are not listed on his DD Form 214.

3.  He provides:

* DD Form 214 (Report of Separation from Active Duty) for the period ending 30 July 1976
* National Guard Bureau Form 22 (Report of Separation and Record of Service) for the period ending 5 November 1979
* DD Form 214 for the period ending 3 October 1988
* memorandum from Headquarters, III Corps and Fort Hood, Fort Hood, TX, dated 1 November 1994, subject:  HSM 1994 Fire Fighting Operations, with a partial by-name listing
* memorandum from the U.S. Total Army Personnel Command, dated 30 March 1995, subject:  Approved HSM
* Application for Cold War Recognition Certificate – U.S. Residents



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 has requested award of the Cold War Service Medal.  Although legislation was proposed for creation of this medal, it was never enacted.  Instead, the Secretary of Defense elected to implement the Cold War Recognition Certificate.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of The Armed Forces and qualified Federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN:  AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122, if he has not already done so.  Based on this information, the applicant's request for correction of his DD Form 214 to show award of the Cold War Recognition Certificate will not be discussed further in this Record of Proceedings.

3.  The applicant initially enlisted in the Regular Army (RA) on 31 July 1973.  He was honorably released from active duty (REFRAD) on 30 July 1976 and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on the following date.

4.  He enlisted in the Wisconsin Army National Guard on 6 November 1976 and was honorably discharged on 5 November 1979.

5.  After a break in service, he enlisted in the RA on 23 October 1980 and was separated on 3 October 1988.  The DD Form 214 issued for this period does not show award of the HSM.

6.  On 27 July 1989, he again enlisted in the RA.  He served in Southwest Asia from 19 October 1990 to 12 April 1991.

7.  He provided a memorandum from Headquarters, III Corps and Fort Hood, Fort Hood, TX, dated 1 November 1994, subject:  HSM 1994 Fire Fighting Operations, with a partial by-name listing of individuals who directly participated in the 1994 Fire Fighting Operation.  His name is listed for Company D, 91st Engineer Battalion, 1st Cavalry Division.

8.  He provided a memorandum from the U.S. Total Army Personnel Command, dated 30 March 1995, subject:  Approved HSM, which shows the Secretary of the Army approved the by-name listing for personnel who participated in relief operations during the 1994 Northwest Firefighting Operation from 27 July through 30 September 1994.

9.  He was honorably discharged on 30 June 1995.  His DD Form 214 for this period does not show award of the HSM.

10.  He subsequently served in the Army National Guard from 22 January to 1 October 1997.

11.  Army Regulation 600-8-22 (Military Awards) provides that the HSM is awarded to members of the Armed Forces of the United States 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 serving 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.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant was awarded the HSM for relief operations during the 1994 Northwest Firefighting Operation from 27 July through 30 September 1994.  Therefore, his DD Form 214 for the period ending 30 June 1995 should be amended to reflect award of the HSM.



BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 adding award of the HSM to his DD Form 214 for the period ending 30 June 1995.



      ______________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)                                         AR20130018474



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ABCMR Record of Proceedings (cont)                                         AR20130018474



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