BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150009057 BOARD VOTE: ____x_____ ___x____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150009057 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 with a separation date of 23 April 1993 to include the: * Humanitarian Service Medal * NCO Professional Development Ribbon * Kuwait Liberation Medal – Government of Kuwait __________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. BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150009057 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 the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 23 April 1993: * Humanitarian Service Medal * Noncommissioned Officer (NCO) Professional Development Ribbon * Kuwait Liberation Medal 2. The applicant states he meets the requirements for the above awards; however, they were not entered on his DD Form 214. 3. The applicant provides: * a letter of commendation, dated 8 March 1991, from the 8th Infantry Division (Mechanized), NCO Academy * a memorandum, dated 21 October 1991, from the 709th Military Police (MP) Battalion * an undated Certificate of Achievement * DD Form 214 * a memorandum, dated 27 February 1992, from 1st Personnel Command * three Code of Regulations (CFR) excerpts 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 30 August 1985, he enlisted in the Regular Army for 3 years. After completion of advanced individual training he was awarded military occupational specialty 95B (Military Police). He immediately reenlisted on 15 April 1988 and on 30 April 1990. 3. On 23 April 1990, he was assigned to the 284th MP Company in Germany. He was deployed to Southwest Asia from 28 April to 28 June 1991. 4. The memorandum from the 8th Infantry Division (Mechanized) NCO Academy, dated 8 March 1991, was provided to the applicant as a means to document and recognize his outstanding performance of duty as a student while attending the Primary Leadership Development Course (PLDC) at the 8th Infantry Division (Mechanized) NCO Academy. 5. A memorandum, dated 21 October 1991, from the 709th MP Battalion listed individuals, including the applicant, eligible for the shoulder sleeve insignia-former wartime service for Operation Provide Comfort. The dates of deployment are shown as 27 April to 28 June 1991. 6. The memorandum from 1st Personnel Command, dated 27 February 1992, subject: Approved Humanitarian Service Medal, shows an approved list for award of the Humanitarian Service Medal for those military personnel who directly participated in Operation Provide Comfort from 5 April 1991 to 14 June 1991 at the scenes of the relief efforts in a direct "hands-on" fashion. The applicant is included in the list as assigned to the 284th MP Company. 7. On 23 April 1993, he was discharged. His DD Form 214 does not show he was awarded the: * Humanitarian Service Medal * NCO Professional Development Ribbon REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. b. The NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981. It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses. The completion of PLDC qualifies the Soldier for the NCO Professional Development Ribbon. c. The Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and was awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993. 2. Operations Provide Comfort and Provide Comfort II were military operations initiated by the United States and other coalition nations during the Gulf War, starting in April 1991, to defend the Kurds fleeing their homes in northern Iraq into the aftermath of the Gulf War by delivering humanitarian aid to them. DISCUSSION: 1. The memorandum, dated 27 February 1992, from 1st Personnel Command, shows the applicant was approved for the award of the Humanitarian Service Medal. 2. The memorandum from the 8th Infantry Division (Mechanized) NCO Academy, dated 8 March 1991, shows the applicant attended PLDC. He meets the criteria for award of the NCO Professional Development Ribbon. 3. The Kuwait Liberation Medal-Kuwait was approved after the applicant was discharged. The memorandum from the 709th MP Battalion, dated 21 October 1991, shows he was deployed to Iraq during the Persian Gulf War from 27 April to 28 June 1991. He meets the criteria for award of the Kuwait Liberation Medal-Government of Kuwait. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009057 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009057 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2