BOARD DATE: 30 April 2015
DOCKET NUMBER: AR20140015944
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 5 July 2007 to show the following awards:
* Bronze Star Medal (BSM)
* Valorous Unit Award (VUA)
* Humanitarian Service Medal (HSM) (2nd Award)
2. The applicant states:
* he left Iraq on emergency leave due to his mother's passing 1 month before redeployment
* the award ceremony took place after his DD Form 214 was completed
3. The applicant provides:
* BSM Certificate
* VUA orders
* memorandum for award of the HSM
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. On 9 January 2006, the applicant was ordered to active duty from the Texas Army National Guard (TXARNG) in support of Operation Iraqi Freedom.
3. He provided a memorandum from the TXARNG, dated 11 January 2006, that states he was awarded the HSM for duty performed during the period 2 through 16 September 2005 in support of immediate relief operations in the areas of Alabama, Louisiana, Mississippi, and Texas.
4. His records also contain two additional memoranda, dated 2 October 2006 and 18 May 2007, stating he was awarded the HSM for relief efforts for Hurricanes Katrina and Rita during the period 29 August 2005 to 13 October 2005 in the areas of Alabama, Louisiana, Mississippi, and Texas.
5. He served as a helicopter repairman in Iraq from 1 August 2006 to 8 June 2007.
6. He provided a BSM Certificate that shows Permanent Order 140-072, dated 20 May 2007, awarded him the BSM for exceptionally meritorious service during Operation Iraqi Freedom for the period 23 July 2006 to 13 July 2007. This certificate shows he was assigned to Company D, 1st Battalion, 149th Attack Reconnaissance Battalion (149th Aviation Regiment).
7. On 5 July 2007, he was released from active duty.
8. His DD Form 214 for the period ending 5 July 2007 shows the HSM among other awards. This DD Form 214 does not show the BSM or VUA as authorized awards.
9. He provided U.S. Army Human Resources Command Permanent Order
150-10, dated 29 May 2012, which shows his unit, Company D, 1st Battalion, 149th Aviation Regiment, was awarded the VUA for extraordinary heroism in support of Operation Iraqi Freedom during the period 22 August 2006 to 8 July 2007.
10. All Army Activities (ALARACT) Message 247/2005, dated 6 December 2005, provides that the HSM is authorized to be awarded to Soldiers supporting immediate relief operations in the areas of Alabama, Louisiana, Mississippi, and Texas from 29 August to 13 October 2005. Hurricanes Katrina and Rita are categorized as one operation.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant was awarded the BSM. Therefore, his DD Form 214 for the period ending 5 July 2007 should be corrected to show this medal.
2. Orders show his unit was awarded the VUA during his period of assignment. Therefore, his DD Form 214 should be corrected to show this unit award.
3. Although three separate memoranda show he was awarded the HSM for relief efforts for Hurricanes Katrina and Rita during the period 29 August to 13 October 2005 in the areas of Alabama, Louisiana, Mississippi, and Texas, ALARACT Message 247/2005 states Hurricanes Katrina and Rita are categorized as one operation. Therefore, he is only eligible for one award of the HSM which is properly shown on his DD Form 214 for the period ending 5 July 2007.
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 adding the BSM and VUA to his DD Form 214 for the period ending 5 July 2007.
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 adding a second award of the HSM to his DD Form 214 for the period ending 5 July 2007.
___________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) AR20140015944
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ABCMR Record of Proceedings (cont) AR20140015944
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