BOARD DATE: 31 August 2017 DOCKET NUMBER: AR20160002554 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: 31 August 2017 DOCKET NUMBER: AR20160002554 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 award of the Valorous Unit Award and the Humanitarian Service Medal to his DD Form 214 (Certificate of Release or Discharge from Active Duty). _____________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: 31 August 2017 DOCKET NUMBER: AR20160002554 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) to show award of the Valorous Unit Award and Humanitarian Service Medal. 2. The applicant states the Valorous Unit Award and Humanitarian Service Medal were issued after his separation from active duty. He served honorably during the Cold War and the Gulf War and he would like his record to indicate his unit received this prestigious recognition. 3. The applicant provides: * letter authorizing award of the Humanitarian Service Medal, dated 30 March 1992 * memorandum authorizing award of the Valorous Unit Award, dated 16 December 1993 * 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 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 Army on 26 January 1988. 3. His DA Form 2-1 (Personnel Qualification Record – Part II) shows he was assigned to the 2d Battalion, 1st Field Artillery Regiment, in Germany from 23 August 1988 to 22 August 1991. 4. He served in Southwest Asia from 30 December 1990 to 1 May 1991. 5. Headquarters, 1st Armored Division, Permanent Orders 73-28, dated 31 July 1991, awarded him the Bronze Star Medal for meritorious achievement for the period 17 January 1991 to 2 March 1991. 6. He provided a letter from the Chief, Military Personnel Division, 5th Personnel Group, dated 30 March 1992, authorizing award of the Humanitarian Service Medal for the 1st Armored Division for participating in Operation Provide Comfort. 7. On 24 September 1993, he was honorably released from active duty for expiration term of service. 8. His DD Form 214 does not show award of the Valorous Unit Award or Humanitarian Service Medal. 9. He provided a memorandum from the U.S. Total Army Personnel Command Military Awards Branch, dated 16 December 1993, showing the 2d Battalion, 1st Field Artillery Regiment, was awarded the Valorous Unit Award. 10. Headquarters, Department of the Army, General Orders Number 12, dated 13 May 1994, awarded the Valorous Unit Award to the 2d Battalion, 1st Field Artillery Regiment, 1st Armored Division, for extraordinary heroism during the period 26-28 February 1991. REFERENCES: Army Regulation 600-8-22 (Military Awards) states 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. Table C-1 (Department of Defense and Department of the Army Approved Humanitarian Service Medal Operations) shows Operation Combined Joint Task Force Provide Comfort (5 April-14 June 1991 in Northern Iraq and Turkey) was approved for award of the Humanitarian Service Medal. DISCUSSION: 1. General orders show the applicant's unit was awarded the Valorous Unit Award during a period he was assigned to it. His DD Form 214 does not show this unit award. 2. The applicant provided a letter from the Chief, Military Personnel Division, 5th Personnel Group, showing his unit was awarded the Humanitarian Service Medal for participating in Operation Provide Comfort in 1991. His DD Form 214 does not show this medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002554 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002554 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2