IN THE CASE OF:  

		BOARD DATE:  24 September 2015	  

		DOCKET NUMBER:  AR20150001404 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded a Certificate of Achievement and the Humanitarian Service Medal. He also requests that his DD Form 214 be corrected to add any other awards he is authorized.

2.  The applicant states:

	a.  From 4 February through 17 March 1981, the unit to which he was assigned took part in the Cuban Refugee Assistance Program.

	b.  He was awarded an Army Certificate of Achievement and the Humanitarian Service Medal for his participation, neither of which were listed on his DD Form 214 when he processed out of the Army.

	c.  He is merely attempting to fix his  record.

3.  The applicant provides a copy of a Double Quick Cuban Refugee Assistance Program Certificate of Achievement

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 on 10 July 1980, in pay grade E-1.  He completed training as a light weapons infantryman and he was promoted through the ranks to pay grade E-4.  

3.  The applicant provides a Double Quick Cuban Refugee Assistance Program Certificate of Achievement for the period 4 February through 17 March 1981, which appears to have been presented to him at Fort Chaffee, Arkansas.

4.  He arrived in Germany on 4 April 1982 and he was assigned to Company B, 2nd Battalion, 30th Infantry.

5.  On 4 July 1983, he departed Germany en-route to the United States.  He was honorably released from active duty on 5 July 1983, at the expiration of his term of service.

6.  His DD Form 214 shows the following awards:

* Sharpshooter Marksmanship Qualification Badge (Rifle M-16)
* Marksman Marksmanship Qualification Badge with Grenade Bar
* Army Service Ribbon
* Overseas Service Ribbon

7.  There is no evidence in his record of any court-martial convictions, personnel actions, or statements that would justify disqualification for the 1st award of the Army Good Conduct Medal.

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

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for award:

* each 3 years completed on or after 27 August 1940
* for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946
* for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year

	b.  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.

	c.  Table C-1 of this regulation shows that the Humanitarian Service Medal was authorized to participants in the Cuban Refugee Resettlement during 
27 April 1980 to 1 July 1985 in the geographical area of the Florida Straits.

9.  Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the 
DD Form 214.  It provided that all decorations, service medals, campaign credits, and badges awarded or authorized, as shown on the Personnel Qualification Record were to be entered in Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  This was to cover all periods of service.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  The governing regulation does not provide for listing certificates of achievement, letters of commendation, and similar documents as awards on the DD Form 214.

3.  There is no evidence in the available record showing that the applicant was awarded the Humanitarian Service Medal or that he served within the designated geographical area of operations during the Cuban Refugee Resettlement.  The Certificate of Achievement that he provided appears to have been presented at Fort Chaffee, Arkansas.  This award should not be added on his DD Form 214.

4.  The applicant does meet the criteria for award of the Army Good Conduct Medal (First Award) and this award should be added on his DD Form 214.
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 awarding the applicant the Army Good Conduct Medal (1st Award) for service for the period 10 July 1980 through 5 July 1983 and amending his DD Form 214 to show this award.

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 amending his DD Form 214 to add the Double Quick Cuban Refugee Assistance Program Certificate of Achievement and the 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)                                         AR20150001404



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ABCMR Record of Proceedings (cont)                                         AR20150001404



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