MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            11 February 2000      
	DOCKET NUMBER:   AR1999029183

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his military records be corrected to reflect award of the Humanitarian Service Medal.  He states that he was “assigned to the clean-up of Enewetok Atoll” between January and July 1969 while a member of the 84th Engineers in Hawaii.  He indicates that he “received the medal” after he was discharged but recently noted that the award was not reflected on his separation document.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

He entered active duty on 3 March 1978 and was assigned to the 84th Engineer Battalion in Hawaii in October 1978 following completion of training in the supply field.  In March 1980 he was reassigned to the 5th Transportation Company in Hawaii where he completed his term of service.

On 2 March 1981 the applicant was released from active duty with an honorable characterization of service.  His DD Form 214 does not reflect entitlement to the Humanitarian Service Medal.

Army Regulation 600-8-22 states that the Humanitarian Service Medal was established in 1977 and awarded to members of the Armed Forces who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  Table C-1 of Army Regulation 600-8-22 notes that Department of Defense approved award of the Humanitarian Service Medal for the “Majuro Atoll Disaster Relief” operation between 27 November 1979 and 30 April 1980.  There was, however, no award approved for the period cited by the applicant.

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 2 March 1981, the date the applicant was released from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 2 March 1984.

The application is dated 14 July 1999 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

__mkp___  ___gdp__  ___tbr__  CONCUR WITH DETERMINATION

		Karl F. Schneider
		Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029183	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000211	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.121	142.00	
2.		
3.		
4.		
5.		
6.