IN THE CASE OF:  	  

		BOARD DATE:  14 October 2014	  

		DOCKET NUMBER:  AR20140004125 


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 list the National Defense Service, Humanitarian Service Medal, and Soldier's Medal.

2.  The applicant states he should have been awarded the National Defense Service Medal for his period of service during the Gulf War.  His service during the Loma Prieta Earthquake (correctly known as the California Earthquake Relief Operation), at Letterman Army Medical Center, San Francisco, CA, justified the Humanitarian Service Medal actions.  On 17 October 1989, he was nominated for a Soldier's Medal by the officer-in-charge, Colonel Wxxx.  He never received it.  He was told by a friend at his American Legion post that he should have these medals in his record for the dates listed.  During the conversation he remembered the Soldier's Medal and was told to follow-up using this form.

3.  The applicant provides two copies of 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 25 January 1989.  He was awarded military occupational specialty 91U (ear, nose, and throat specialist).  He served in Germany from 1 February 1990 through 26 November 1990.

3.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows:

* Item 9 (Awards, Decorations, and Campaigns) - Army Service Ribbon
* Item 35 (Record of Assignments) - he was assigned to the Letterman Army Medical Center from 30 August 1989 through 21 January 1990

4.  He was honorably released from active duty on 28 November 1990 and he was transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 lists the Army Service Ribbon and Expert Marksmanship Qualification Badge with Rifle (M-16) and Hand Grenade Bars.

5.  His records contain a DA Form 1577 (Authorization for Issuance of Awards), issued by the National Personnel Records Center on 25 September 2001, wherein he was advised of his authorization to and issuance of the Army Service Ribbon and Expert Marksmanship Qualification Badge with Rifle (M-16) and Hand Grenade Bars.

6.  Army Regulation 600-8-22 (Military Awards) states the:

   a.  National Defense Service Medal is awarded for honorable active service for any period between 2 August 1990 and 30 November 1995 and from 11 September 2001 to a date to be determined. 

   b.  Humanitarian Service Medal  is awarded to members of the Armed Forces of the United States who, after 1 April 1975, distinguished themselves by meritorious direct participation in a Department of Defense or Department of the Army (DA) approved significant military act, or operation of a humanitarian nature.  Significant assistance in the event of national or international disasters, natural or man-made, such as, but not limited to, earthquakes, floods, typhoons, or conflagrations may qualify for the award.

   c.  Table C-1 provides for award of the Humanitarian Service Medal for the California Earthquake Relief Operation from 17 October – 13 December 1989, San Francisco, CA.  It was awarded only to individuals who performed assistance in the civilian community, not military installations.  
   
   d.  Soldier’s Medal is awarded to any person of the Armed Forces of the United States while serving in any capacity with the Army of the United States at the time of the heroic act, who distinguished himself or herself by heroism not involving actual conflict with an enemy.  The same degree of heroism is required as that of the award of the Distinguished Flying Cross.  The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy. Awards will not be made solely on the basis of having saved a life.

DISCUSSION AND CONCLUSIONS:

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

2.  With regard to the Humanitarian Service Medal and Soldier's Medal, there is no evidence of record and he provided none to show he met the criteria for these awards during his period of service.  Therefore, there is insufficient evidence to support correction of his DD Form 214 to list these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 adding to the applicant DD Form 214 the National Defense Service Medal.

2.  The Board further determined that 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 and Soldier's Medal and their addition 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.



ABCMR Record of Proceedings (cont)                                         AR20140004125





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ABCMR Record of Proceedings (cont)                                         AR20140004125



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