BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20150009068 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: 5 April 2016 DOCKET NUMBER: AR20150009068 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 adding the following awards to his DD Form 214 for the period ending 1 January 1995: * Army Good Conduct Medal (3rd Award) * 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. BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20150009068 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 1 January 1995 to show the Humanitarian Service Medal (HSM). 2. The applicant states he was assigned to Company B, 61st Area Support Medical Battalion (ASMB), and deployed to Suriname, South America, for Joint Task Force (JTF) Suriname. While in theater he received an approval for early separation under the Early Release Program – Special Separation Benefit and left the country for his expiration of term of service (ETS) stateside. He later learned that the operation was awarded the HSM. He was not awarded the medal since he had already been honorably discharged. He was in theater during operations from 6 September through 9 October 1994. The HSM was awarded for operations from 19 August through 31 October 1994. He was discharged immediately upon returning from Operation Distant Haven. While he was still on active duty and during his out-processing there was no mention of the HSM. He later discovered this information during a research of the operation. 3. The applicant provides copies of: * DD Form 1610 (Request and Authorization for Temporary Duty (TDY) Travel of Department of Defense (DOD) Personnel) * TDY Orders 080222 memorandum * DA Form 31 (Request and Authority for Leave) * American Airlines Passenger Receipt and Boarding Pass/Ticket * DD Form 1351-2 (Travel Voucher or Subvoucher) * 1995 DD Form 214 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 the cases 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. 2. The applicant enlisted in the Regular Army (RA) on 6 September 1984. He was honorably released from active duty on 2 July 1987, for Reduction in Authorized Strength, and was transferred to a Reserve unit. He was credited with completing 2 years, 9 months, and 27 days of net active service. 3. He reenlisted in the RA on 30 December 1987 and reenlisted on 15 October 1991. 4. His records contain Permanent Orders (PO) Number 55-101, issued by the 546th Personnel Service Battalion on 27 April 1994, awarding him the Army Good Conduct Medal (3rd Award) for service from 30 December 1990 through 29 December 1993. 5. He again reenlisted in the RA on 10 June 1994. 6. He provided copies of: * DD Form 1610, dated 30 August 1994, authorizing deployment of III Corps units to support JTF * TDY Orders 080222 memorandum, dated 1 September 1994, adding his name to TDY orders for JTF Suriname with the 61st ASBM * DA Form 31, dated 8 October 1994, showing he was scheduled to depart from Operation Distant Haven, JTF Suriname, on 9 October 1994, for clearing purposes prior to his ETS * American Airlines Passenger Receipt and Boarding Pass/Ticket, dated 10 October 1994 (self-explanatory) * DD Form 1351-2, dated 12 October 1994, showing he departed from Suriname on 9 October 1994 and arrived at Fort Hood, TX, on 13 October 1994 6. He was honorably discharged on 1 January 1995, by reason of the Early Release Program – Special Separation Benefit, and was transferred to a Reserve unit. He was credited with completing 9 years, 9 months, and 29 days of total active service. His DD Form 214 does not list the HSM or Army Good Conduct Medal (3rd Award). REFERENCES: Army Regulation 600-8-22 (Military Awards) states the HSM is awarded to members of the Armed Forces of the United States who, after 1 April 1975, distinguished themselves by meritorious direct participation in a DOD or Department of the Army (DA) approved significant military act, or operation of a humanitarian nature. The regulation states the individual must provide evidence that substantiates direct participation in a DOD or DA approved humanitarian act or operation. Acceptable evidence includes copies of TDY or special duty orders reflecting participation within the specified timeframe and geographical location cited. The HSM is categorized as a service medal and, as such, no orders are issued to announce its approval. Table C-1 of the regulation provides for award of the HSM for JTF Suriname from 19 August through 31 October 1994. DISCUSSION: 1. The applicant completed a qualifying period of service for award of the HSM for JTF Suriname and its addition to his 1995 DD Form 214. 2. Orders awarded him the Army Good Conduct Medal (3rd Award) during his period of active duty. His 1995 DD Form 214 does not list this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009068 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009068 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2