BOARD DATE:	  14 August 2014

		DOCKET NUMBER:  AR20130022099 


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: 

* Army Commendation Medal
* Humanitarian Service Medal
* Korea Defense Service Medal
* Army Superior Unit Award

2.  The applicant states he has documentation of missions, deployments, and/or operations awarding the requested awards. 

3.  The applicant provides:

* Orders 123-3 (attachment)
* DA Form 638 (Recommendation for Award) 
* Army Superior Unit Award memorandum

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's records show he enlisted in the Regular Army on 3 August 1988 and he held military occupational specialty 35E (Radio Repairer).  He also served through two reenlistments and attained the rank of sergeant/E-5.

3.  His records also show he served in a variety of stateside or overseas assignments including Korea from 4 May 1989 to 3 May 1990 and from 3 May 1990 to 2 January 1992. 

4.  His records contain a DA Form 1059 (Service School Academic Evaluation Report) that shows he completed the Primary Leadership Development Course from November to December 1991. 

5.  His records contain a memorandum, issued by Headquarters, 112th Signal Battalion, U.S. Army Special Operations Command, Fort Bragg, NC, on 6 January 1995, authorizing him the Armed Forces Expeditionary Medal in support of Operation Uphold Democracy in Haiti. 

6.  His records contain and he provides Orders 123-3 attaching him to the 1st Battalion, 7th Special Forces Group, Fort Bragg, NC, from 3 September 1992 to 2 February 1993 in support of disaster relief in Florida. 

7.  He provides:

   a.  DA Form 638, dated 16 November 1995, showing he was recommended for and awarded the Army Commendation Medal for meritorious service from 31 January 1992 to 31 November 1995 while assigned to the 112th Signal Battalion, by authority of Permanent Order (PO) Number 342-3, dated 
8 December 1995.  (The DA Form 638 indicates the Army Commendation Medal (3rd oak leaf cluster) was awarded, but item 8 (Previous Awards) does not show a previous award of the Army Commendation Medal.)

	b.  A memorandum, issued by the U.S. Total Army Personnel Command, on 28 June 1995, awarding the 112th Signal Battalion the Army Superior Unit Award for the period 16 September 1994 to 2 January 1995. 

8.  He was honorably discharged on 16 December 1995 by reason of disability.  His DD Form 214 shows he was awarded or authorized the: 
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Armed Force Expeditionary Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Parachutist Badge
* Bronze German Armed Forces Parachutist Badge

9.  Army Regulation 600-8-22 (Military Awards) provides for the following awards: 

	a.  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.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	b.  The Noncommissioned Officer (NCO) Professional Development Ribbon is awarded for successful completion of designated NCO professional development courses. Effective 30 March 1989, a service member will be awarded the NCO Professional Development Ribbon with the numeral which identifies the highest level of NCO Education System successfully completed as follows:

* 1 = Bar Ribbon Device = Primary Level
* 2 = Basic Level
* 3 = Advanced Level
* 4 = Senior Level

	c.  The Humanitarian Service Medal 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.  Table C-1 of Army Regulation 600-8-22 shows the Hurricane Andrew Disaster Relief Operation (23 August to 10 November 1992 in Florida and 26 August to 8 October 1992 in Louisiana) was approved by the Department of Defense as qualifying for award of the Humanitarian Service Medal.





DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant the Army Commendation Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

2.  The applicant's unit, 112th Signal Battalion, was awarded the Army Superior Unit Award from 16 September 1994 to 2 January 1995.  The applicant was assigned to this unit at the time.  Therefore, he is entitled to correction of his 
DD Form 214 to show this award. 

3.  The applicant served a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The applicant completed the Primary Leadership Development Course.  Therefore, he is entitled to award of the NCO Professional Development Ribbon and correction of his DD Form 214 to show this award. 

5.  With respect to the Humanitarian Service Medal: 

	a.  Table C-1 of Army Regulation 600-8-22 shows the Hurricane Andrew Disaster Relief Operation (23 August to 10 November 1992 in Florida and 26 August to 8 October 1992 in Louisiana) was approved by the Department of Defense as qualifying for award of the Humanitarian Service Medal.

	b.  He provides an order that was issued on 3 September 1992 ordering his attachment to another unit for the purpose of Disaster Relief in Florida.  It is reasonable to presume he was present during the disaster relief and directly participated in the humanitarian act or operation.  He should be entitled to award of the Humanitarian Service Medal and correction of his DD Form 214 to show this award. 

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 adding to his DD Form 214 the: 

* Army Commendation Medal
* Army Superior Unit Award
* Korea Defense Service Medal
* NCO Professional Development Ribbon
* 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)                                         AR20130022099



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ABCMR Record of Proceedings (cont)                                         AR20130022099



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