BOARD DATE: 17 April 2018 DOCKET NUMBER: AR20160006763 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :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: 17 April 2018 DOCKET NUMBER: AR20160006763 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 in: * Item 13 (Decorations, Medals, Badges, Citations, and campaign Ribbons Awarded or Authorized), the Republic of Korea Presidential Unit Citation and the Humanitarian Service Medal * Item 18 (Remarks), service in Haiti from 22 January 1995 to 8 March 1995, and that his continuous honorable service began on 12 February 1985 vice 12 May 1985 2. The applicant states a. The Republic of Korea Presidential Unit Citation was awarded to the 43rd Surgical Hospital on 28 February 1975 by authority of Department of the Army General Orders (GO) 16, dated 18 June 1975. He was assigned to this unit from 15 October 1974 to 11 November 1975. Thus, this award should have been a permanent award for him. It was not entered on his records. b. He was assigned to the 47th Field Hospital and deployed to Haiti in January 1995 in support of Operation Uphold Democracy. He served with that unit from 22 January to 8 March 1995. He then retired on 31 August 1995. After he retired, he was informed that members of his unit had been awarded the Humanitarian Service Medal. c. He noticed that there is an error in item 18 of his retirement DD Form 214. It shows his continuous honorable service was from 1985-05-12 (12 May 1985) to 1995-08-31 (31 August 1995). However, item 12 (Record of Service) clearly shows the continuous honorable service was from 1985-02-12 (12 February 1985 to 1995-08-31 (31 August 1995). 3. The applicant provides: * Headquarters, Department of the Army General Orders Number 16, dated 18 June 1976 * Permanent Change of Station Orders 052-030, dated 7 March 1995 * DA Form 2-1 (Personnel Qualification Record) * DD Form 214 for the period ending on 31 August 1995 * All Army Activities (ALARACT) Message, dated 7 March 1996 * Memorandum, Subject: Approval of Humanitarian Service Medal Award, dated 27 March 1996 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 Army National Guard (ARNG) on 15 December 1973. He entered active duty for training (ADT) on 24 January 1974 and completed required training for award of military occupational specialty 76Y (Unit Supply Specialist). 3. He was honorably released from ADT on 17 August 1974 and transferred to the control of his State ARNG. He was issued a DD Form 214 (Report of Separation from Active Duty) that captured his ADT service. 4. He enlisted in the Regular Army (RA) on 20 August 1974. He served in Korea from 12 October 1974 to 11 November 1975. He was assigned to the 43rd Surgical Hospital from 19 October 1974 to 10 November 1975. 5. He was honorably discharged on 31 March 1977 for immediate reenlistment in the RA. His DD Form 214 for this period of service shows he was awarded or authorized the National Defense Service Medal. 6. He reenlisted in the RA on 1 April 1977. He completed training and was awarded MOS 91B (Medical Specialist). He then served in Korea from 2 December 1977 to 2 December 1978. He was assigned to Headquarters and Headquarters Company, 2nd Infantry Division. 7. He was honorably discharged from active duty on 31 March 1981 due to completion of his required service. His DD Form 214 for this period of service shows he was awarded or authorized the: * National Defense Service Medal * Good Conduct Medal (2nd Award) * Army Commendation Medal * Expert Marksmanship Qualification Badge with Rifle Bar 8. He was appointed as a Reserve commissioned officer and executed an oath of office on 17 December 1984. 9. On 31 December 1984, the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO published Orders A-12-001848 ordering him to active duty on 1 April 1985 with temporary duty enroute to the Academy of Health Science, Fort Sam Houston, on 12 February 1985. 10. He entered active duty on 12 February 1985. He completed the 6-week Army Medical Department Officer Basic Course. He was subsequently reassigned to Beaumont Army Medical Center, Fort Bliss, TX. 11. In July 1990, he was assigned to Madigan Army Medical Center, Fort Lewis, WA, and around October 1991, he was reassigned to the U.S. Army Medical Department Activity, Fort Sill, OK. On 23 August 1993, he was assigned to the 47th Combat Support Battalion, Fort Sill. 12. He was honorably retired on 31 August 1995 and he was placed on the Retired List in his retired grade of captain on 1 September 1995. His DD Form 214 for this period shows: * Item 12a (Date Entered Active Duty (AD) This Period) - 1985-02-12 * Item 13, the Army Commendation Medal, Army Good Conduct Medal (2nd Award), National Defense Service Medal (2nd Award), NCO Professional Development Ribbon, Army Service Ribbon, and Overseas Service Ribbon (2nd Award) * Item 18, the entry "Continuous Honorable Active Service: 1985-05-12 to 1995-08-31" and no entries regarding deployments 13. He provides: a. Orders 052-030, issued by the 556th Personnel Service Company (Forward), 25th Infantry Division, authorizing the applicant travel from the 47th Field Hospital (Forward) to home base (Fort Sill) after having deployed to Haiti for Operation Uphold Democracy from 22 January 1995 to on or about 8 March 1995. b. ALARACT Message, dated 7 March 1996, announcing approval of the award of the Humanitarian Service Medal to personnel who participated in Operation Uphold/Restore Democracy from 10 September 1994 through 31 March 1995, while assigned to Joint Task Force (JTF) 180, JTF 190, or the Multinational Force - Haiti. Although not required, a by-name or similar method of record keeping was encouraged for commanders to keep track of eligible members. c. Memorandum, dated 27 March 1996, from the Commander, 47th Field Hospital to the Commander, 214th Field Artillery (FA) Brigade, Fort Sill. It advises of the approval of the Humanitarian Service Medal to members of JTF 180, JTF 190, or the Multinational Force - Haiti, who served and/or provided humanitarian assistance in in Haiti during the period 10 September 1994 to 31 March 1995. d. Endorsement, dated 8 April 1996, from the Commander, 214th FA Brigade, to the Commander, 47th Field Hospital, approving the authorization to wear the Humanitarian Service Medal to those personnel who were assigned to JTF 180, JTF 190, or the Multinational Force - Haiti, who served and/or provided humanitarian assistance in in Haiti during the period 10 September 1994 to 31 March 1995. e. Memorandum, dated 12 April 1996, from the Executive Officer, 47th Field Hospital to the Chief Nurse, 47th Field Hospital, advising of the approval of the Humanitarian Service Medal to members of the command who served in Haiti during the period 10 September 1994 to 31 March 1995 and were assigned to the 47th Field Hospital. 14. He also provides Department of the Army General Orders Number 16, dated 18 June 1975, awarding the Republic of Korea Presidential Unit Citations to the 43rd Surgical Hospital for meritorious service rendered to the Republic of Korea from July 1950 to 28 February 1975. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. Chapter 2 contains guidance on the preparation of the DD Form 214. It states: a. Item 12 (record of Service), use care in completing this block since post- service benefits, final pay, retirement credit, and so forth are based on this information. Sub-item 12(a) shows the date entered active duty for this period of service. Enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 2I4 was not previously issued. b. Item 13, list awards and decorations for all periods of service in the priority sequence specified in the awards regulation with each entry verified by the Soldier's records. c. Item 18, this block is used for Department of the Army mandatory requirements when a separate block is not available, and as a continuation for entries in other blocks. (1) For enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" (specify dates). However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except "Honorable," enter "Continuous Honorable Active Service From" (first day of service which DD Form 214 was not issued) Until (date before commencement of current enlistment). Then, enter the specific periods of reenlistments as prescribed above. (2) For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (Name of County Deployed) FROM (inclusive dates for example, YYYYMMDD- YYYMMDD)." 2. Department of the Army General Order Number 16, dated 18 June 1975, awarded the 43rd Surgical Hospital the Republic of Korea Presidential Unit Citation for meritorious service to the Republic of Korea from 1 July 1950 to 28 February 1975. 3. Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense b. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. Qualifying service for this award includes Haiti for Operation Uphold Democracy from 16 September 1994 to 31 March 1995. c. 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 of Army Regulation 600-8-22 shows the Joint Task Force 180, 190, and Multinational Forces Operation Uphold/Restore Democracy 10 September 1994 – 31 March 1995 in Haiti, was approved by the Department of Defense as qualifying for award of the Humanitarian Service Medal. DISCUSSION: 1. The applicant was assigned to the 43rd Surgical Hospital in Korea from 19 October 1974 to 11 November 1975. General Order awarded the 43rd Surgical Hospital the Republic of Korea Presidential Unit Citation for meritorious service to the Republic of Korea from 1 July 1950 to 28 February 1975. The applicant is authorized this award. His DD Form 214 does not show it. 2. The applicant served in Korea from October 1974 to November 1975 and from December 1977 to December 1978. He served a qualifying period of service for award of the Korea Defense Service Medal. His DD Form 214 does not show this unit award. 3. He deployed to Haiti for Operation Uphold Democracy from 22 January 1995 to on or about 8 March 1995. This deployment is not listed in the Remarks block of his DD Form 214. Additionally, based on this deployment, he is also authorized two awards that are not listed on his DD Form 214: * Armed Forces Expeditionary Medal * Humanitarian Service Medal 4. The entry pertaining to a Soldier's continuous period of honorable active service pertains to enlisted Soldiers, not commissioned officers. Nevertheless, this entry appears on his DD Form 214 albeit incorrectly. His continuous honorable active service began on 12 February 1985, not 12 May 1985. BOARD DATE: 17 April 2018 DOCKET NUMBER: AR20160006763 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 for the period ending on 31 August 1995 as follows: * adding to item 13 the Republic of Korea Presidential Unit Citation, Korea Defense Service Medal, Armed Forces Expeditionary Medal, and Humanitarian Service Medal * deleting from item 18 the entry "Continuous Honorable Active Service: 1985-05-12 to 1995-08-31" and adding the entry "Continuous Honorable Active Service: 1985-02-12 to 1995-08-31" * adding to item 18 the entry "Service in Haiti From 22 January 1995 to 8 March 1995" 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006763 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006763 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2