ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   
                   BOARD DATE:  22 January 2019  

                   DOCKET NUMBER:  AR20170012101


APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty to show:

*	his rank/grade as private first class (PFC)/E-3 instead of private (PVT)/E-2
*	Humanitarian Service Medal

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Letter of Appreciation
*	DD Form 214, dated 22 April 1982

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records (ABCMR) conducted a substantive review of this case and determined 
it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he was awarded a Humanitarian Service Medal when he was 
deployed during the Cuban Refugee crisis while assigned to 2nd Battalion,                          
58th Mechanized Infantry, 2nd Armored Division, Fort Hood, TX.  He was also promoted 
to PFC prior to his discharge.

3.  A review of the applicant’s service record shows:

*	DA Form 2-1 (Personnel Qualification Record) item 9 (Awards, Decorations and 
Campaigns) the Army Service Ribbon
*	21 October 1981 – accepted non-judicial punishment under the provisions of 
Article 15 of the Uniform Code of Military Justice for operating a vehicle while 
drunk; punishment was reduction to PVT/E-1, forfeiture of pay, extra duty and 
restriction
*	19 January 1982 – his immediate commander completed DA Form 4187 
(Personnel Action) promoting him to PV2 effective 1 February 1982
*	18 March 1982 - his immediate commander completed DA Form 4187 promoting 
him to PFC effective 1 April 1982

4.  Army Regulation (AR) 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.  His record is void of any orders deploying 
him in support of any contingency operations, likewise it is void of any orders awarding 
him the Humanitarian Service Medal

5.  On 22 April 1982, he was honorably released from active duty.  His DD Form 214 
shows in item 4(a) (Grade, Rate or Rank) PV2.  This form further shows he was 
awarded or authorized the Army Service Ribbon and the Marksman Marksmanship 
Qualification Badge with Rifle Bar.

6.  The applicant provides a letter of appreciation from his senior commander 
expressing his appreciation for his support at Fort Chaffee, AR from December 1980 – 
January 1981 during the Cuban Refugee Resettlement Operation.

BOARD DISCUSSION:

The Board considered the applicant’s request with all supporting documents, evidence 
in the service record, and applicable regulations, policy, and guidance. An approved DA 
Form 4187 showing his advancement to E3 effective 1 April 1982, and the 8 January 
1981 letter of appreciation for support of the Cuban Refugee Resettlement Operation 
are sufficient evidence to grant full relief.  The Board finds the applicant’s request is 
warranted.

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BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for full relief.  As a result, the Board recommends that all Department 
of the Army records of the individual concerned be corrected as follows:

*	amending his DD Form 214 to show his rank/grade as private first class
           (PFC)/E-3
*	adding to his DD Form 214 the Humanitarian Service Medal

SIGNATURE:

				  
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.

ADMINISTRATIVE NOTE(S):
Not applicable
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REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the ABCMR to excuse an applicant's failure to timely 
file within the three-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.
2.  AR 635-5 (Separation Documents) prescribes the separation documents which are 
prepared for individuals upon retirement, discharge, or release from active military 
service or control of the Army.  Source documents consist of DA Form 2-1 and any 
other available record.  Item 4 (a)(b); enter active duty grade of rank and pay grade at 
time of separation. 

3.  AR 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.  Acceptable evidence includes 
letters of commendation or appreciation.

ABCMR Record of Proceedings (cont)	AR20170012101
	
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