IN THE CASE OF: BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160012951 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160012951 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________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: 13 June 2018 DOCKET NUMBER: AR20160012951 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 Humanitarian Service Medal and any awards or decorations to which he may be entitled. 2. The applicant states other veterans who served with him in the cleanup of atomic waste at Enewetak Atoll received the Humanitarian Service Medal. 3. The applicant provides: * VA Form 21-4138 (Department of Veterans Affairs Statement in Support of Claim), dated 1 July 2016 * 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 15 November 1976 for a period of 3 years. On 14 November 1979, he was honorably released from active duty. 3. His DD Form 214 shows he was awarded or authorized the: * Parachute Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar 4. There are no orders for the Humanitarian Service Medal in the available records. 5. There is no evidence in his military record showing he participated in Operation Enewetak Radiological Cleanup or a Department of Defense approved military act or operation of a humanitarian nature. 6. He provided a VA Form 21-4138, dated 1 July 2016, stating while serving at Fort Bragg, NC, as a combat engineer attached to the 82nd Airborne Division, he was asked if he wanted to take a duty assignment in Hawaii. He accepted this assignment and was sent to Ohau, Hawaii Schofield Barracks in 1978. He was only in Hawaii for a couple of weeks and then flown to Enewetak Atoll for approximately 6 months. This was a nuclear testing area and they were there for cleanup duty. Their home base was on Logiwa Island. 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 Enewetak Radiological Cleanup (24 January 1977 to 15 April 1980in Enewetak, Marshall Islands) was approved for award of the Humanitarian Service Medal. DISCUSSION: 1. Although the applicant contends he participated in the cleanup of atomic waste at Enewetak Atoll, there is no evidence in his military record showing he participated in Operation Enewetak Radiological Cleanup during the period 24 January 1977 to 15 April 1980 in the Enewetak, Marshall Islands. 2. There is no evidence showing he participated in a Department of Defense approved military act or operation of a humanitarian nature. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012951 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012951 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2