IN THE CASE OF: BOARD DATE: 6 September 2012 DOCKET NUMBER: AR20120004687 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 records to show his service at Fort Chaffee, AR, from May to June 1980 and award of the Humanitarian Service Medal. 2. The applicant states he received the Humanitarian Service Medal and only personnel who supported the Cuban Resettlement Operation would get this award. 3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and DA Form 2-1 (Personnel Qualification Record). 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 U.S. Army Reserve (USAR) on 20 June 1979. He was assigned to the 336th Aviation Company, Los Alamitos, CA. 3. He entered active duty for training (ADT) at Fort McClellan, AL, on 20 June 1979. He completed basic combat and advanced individual training and he was awarded military occupational specialty 94B (Food Service Specialist). He was released from ADT on 11 October 1979. 4. He continued his service with the 336th Aviation Company until he was honorably discharged on 25 February 1980 for the purpose of enlisting in the Regular Army. 5. He enlisted in the Regular Army on 18 March 1980. He was assigned as follows: * 3rd Battalion, 18th Artillery, Fort Sill, OK, 25 March 1980 to 25 November 1981 * 2nd Battalion, 67th Air Defense Artillery, Germany, 28 December 1981 to 22 June 1983 * 1st Brigade, Fort Stewart, GA, 4 August 1983 to 9 May 1984 6. He was honorably discharged under the provisions of chapter 16 of Army Regulation 635-200 (Personnel Separations) on 9 May 1984. His DD Form 214 does not show he was awarded the Humanitarian Service Medal. 7. Nothing in his records (temporary duty (TDY) order, deployment order, manifest, roster, directives, or other documentation) shows he was assigned to Fort Chaffee, AR. 8. Army Regulation 600-8-22 (Military Awards) states the Humanitarian Service Medal is awarded to members who 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 Cuban Refugee Resettlement, 27 April 1980 – 1 July 1985, in Florida was approved by the Department of Defense as qualifying for award of the Humanitarian Service Medal. 9. Historical records show that crowded conditions in south Florida forced Federal agencies to move Cuban refugees out of the Florida area to other military installations, including Fort Chaffee, AR. DISCUSSION AND CONCLUSIONS: The Humanitarian Service Medal was authorized for Cuban Refugee Resettlement from 27 April 1980 – 1 July 1985, in Florida only. Although refugees were later moved to Fort Chaffee, the Humanitarian Service Medal was not awarded for service in any area other than Florida. In addition, there are no provisions to enter any assignment other than the last permanent duty assignment (or, later, overseas deployments) on the DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _____X___ ____X____ ____X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ __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) AR20120004687 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120004687 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1