ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 16 August 2019 DOCKET NUMBER: AR20190007888 APPLICANT REQUESTS: on behalf of a deceased former service member (FSM), correction of the FSM's DD Form 214 (Report of Separation from Active Duty) to show the following awards: * National Defense Service Medal * Humanitarian Service Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 12 May 2019 * DD Form 214 * Certificate of Death * Affidavit, dated 19 April 2019, with attachments 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: a. The FSM served during the Vietnam era which was extended to 30 April 1975. b. In accordance with Army Regulation 600-8-22 (Military Awards), Table C-1 (Department of Defense and Department of the Army Approved Humanitarian Service Medals Operations), participants of Operations New Life/New Arrivals are authorized the Humanitarian Service Medal for service in Guam, Fort Chaffee, and Indiantown Gap, PA. c. The FSM served in Operation New Arrivals from 28 April 1975 to 25 July 1975 at Fort Chafee, AR. 3. The FSM's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected to show award of the National Defense Service Medal, Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), and Marksman Marksmanship Qualification Badge with Grenade Bar. 4. The Board will consider the applicant request for award of the Humanitarian Service Medal for the FSM. 5. The FSM enlisted in the Regular Army on 30 October 1973. 6. His DA Form 2-1 (Personnel Qualification Record – Part II) shows in: a. item 9 (Awards, Decorations, and Campaigns) – * Army Good Conduct Medal (First Award) * National Defense Service Medal * Expert Marksmanship Qualification Badge with Pistol Bar (45 Caliber) * Marksman Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) b. item 35 (Record of Assignments), he was assigned to the 411th Military Police Company at Fort Hood, TX. 7. On 29 October 1976, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the Army Good Conduct Medal (First Award) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 8. The applicant provided an affidavit from the retired Colonel N____ J. H____, who stated he was the FSM's commanding officer during the period of the 411th Military Police Company's deployment from Fort Hood, TX, to Fort Chaffee, AR, in support of Operation New Arrivals from 28 April 1975 through 25 July 1975. Colonel N____ J. H____ provided a listing of participants of Operation New Arrivals at Fort Chaffee, AR, and the listing included the FSM's name. He also provided copies of his records verifying his service and award of the Humanitarian Service Medal. 9. A review of the FSM's records confirm Colonel N____ J. H____ was his former commanding officer while he was assigned to the 411th Military Police Company, Fort Hood, TX. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, the Soldier’s record of service, the Commander’s statement/affidavit and supporting documents, the Soldier’s DA 2-1 and the applicable regulations. Based on a preponderance of evidence, the Board found sufficient evidence to award the Soldier the Humanitarian Service Medal. The Board also concurs with the correction stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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: In addition to the corrections stated in the Administrative Note(s) that follow, 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: - Awarding him the Humanitarian Service Medal for his service at Fort Chaffee in 1975, and; - Amending his DD Form 214, for the period of service ending 29 November 1976 to add in item 26 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons) – The Humanitarian Service Medal as well as the three awards stated below. 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): A review of the FSM's records shows he was awarded or authorized the following awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected by adding the following awards: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * Marksman Marksmanship Qualification Badge with Grenade Bar ? 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. Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954 (Korea), both dates inclusive; 1 January 1961 and 14 August 1974 (Vietnam), both dates inclusive; 2 August 1990 and 30 November 1995 (Persian Gulf); and 11 September 2001 to a date to be determined (Global War on Terrorism). b. 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. c. Table C-1 shows Operations New Life/New Arrivals were authorized the Humanitarian Service Medal for the period 1 April to 20 December 1975 for service in Guam, Fort Chaffee, AR, and Fort Indiantown Gap, PA. ABCMR Record of Proceedings (cont) AR20190007888 2 1