IN THE CASE OF: BOARD DATE: 22 November 2016 DOCKET NUMBER: AR20160002776 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 IN THE CASE OF: BOARD DATE: 22 November 2016 DOCKET NUMBER: AR20160002776 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 removing from her Official Military Personnel File the memorandum issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, KY, on 19 May 1995, subject: Award of the 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. IN THE CASE OF: BOARD DATE: 22 November 2016 DOCKET NUMBER: AR20160002776 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 removal of a document pertaining to the Humanitarian Service Medal (HSM) from her Official Military Personnel File (OMPF). 2. The applicant states, in effect, the document in question was erroneously filed in her OMPF. She was never assigned to the 101st Airborne Division or Fort Campbell, and she did not deploy to Panama. The award memorandum was mistakenly paired up with a roster from her deployment to Bosnia in 1996. 3. The applicant provides a memorandum, subject: Award of the HSM, dated 19 May 1995, including an attached roster of Soldiers assigned to Task Force 2-101 during the period 12 January 1995 through 28 February 1995. 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 was appointed as a commissioned officer in the Regular Army on 24 April 1989. She is currently serving on active duty in the rank of colonel. 3. The performance folder on the applicant's OMPF contains a memorandum issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, KY, on 19 May 1995, subject: Award of the HSM. This memorandum notified the Commander, U.S. Total Army Personnel Command, Alexandria, VA, that the HSM was approved by the award authority for those Soldiers assigned to Joint Task Force 2-101 (Panama) during the period 12 January through 28 February 1995. 4. A review of the accompanying roster of personnel shows the applicant's name, social security number (SSN), deployment locations, and dates. It does not show the applicant as having deployed to Panama. 5. A review of the applicant's DA Form 67-8 (U.S. Army Officer Evaluation Report) for the period 19 November 1994 through 15 May 1995 failed to show the applicant was assigned/attached to Joint Task Force – Panama during the award period. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The HSM is awarded to members who, after 1 April 1975, distinguished themselves by meritorious direct participation in a Department of Defense or Department of the Army approved significant military act or operation of a humanitarian nature. A service member 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. Table C-1 (Approved HSM Operations) shows Joint Task Force Safe Haven, inclusive dates 26 August 1994 to 3 March 1995, in the geographical area of Panama was approved by the Department of Defense as qualifying for award of the HSM. 2. Army Regulation 600-8-104 (Army Military Human Resource Records (AMHRR) Management) provides policies, operating tasks, and steps governing the OMPF. a. Table B-1 (Authorized Documents) provides guidance for filing records and documents in the OMPF. It shows approved award documents will be filed in performance section of the OMPF. b. Chapter 3 (AMHRR Management Program), paragraph 3-6 (Authority for filing or removing documents in the AMHRR folders), shows that only documents pertaining to a Soldier's military career will be filed in the OMPF. Once properly filed in the OMPF, the document will not be removed from the record unless directed by, in pertinent part, one of the following – * the Official Records Custodian for administrative purposes (this includes, but is not limited to deleting or moving mistakenly filed documents from the performance or service folder to the restricted folder and vice versa) * Army Board for Correction of Military Records DISCUSSION: 1. The applicant contends the memorandum pertaining to award of the HSM for Operation Safe Haven/Safe Passage should be removed from her OMPF because she did not earn the award. 2. The evidence of record shows the applicant's name and SSN were included on a roster attached to the memorandum that approved the HSM for Operation Safe Haven/Safe Passage. This memorandum is filed in the performance folder of her OMPF. 3. The evidence of record fails to show the applicant served in the designated area during the qualifying award period. Additionally, the applicant confirms she did not qualify for the award. Thus, it may be concluded that due to an administrative error, the memorandum with accompanying roster was erroneously filed in her OMPF. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002776 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002776 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2