ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 October 2020 DOCKET NUMBER: AR20200001967 APPLICANT REQUESTS: In effect, to be awarded the Humanitarian Service Medal (HSM) for his service in Eniwetok Atoll. He also requests his temporary duty (TDY) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Extract from article * List of names * Radiation Exposure History Report FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the 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 his six month TDY to Eniwetok Atoll in 1977-1978 is missing from his DD Form 214. Also his HSM is not listed in his records. He wants to be recognized for his service in Eniwetok and to be issued the HSM. 3. The applicant provides: * Extract from article showing the HSM was given for Eniwetok * List of names from an unknown extract in which his name appears to show (first name is not clearly legible) * Radiation Exposure History Report showing exposure and location as 1977-1978 Eniwetok with whole body gamma (MREM) showing as 5 and 0 4. A review of the applicant’s service records shows: a. He enlisted in the Regular Army on 23 December 1975. He held military occupational specialty (12B) Combat Engineer for 8 years and 5 months and (76Y) Unit Supply Specialist for 1 year, and 3 months. b. His DA Form 2-1 (Personnel Qualification Record) shows he was assigned in Hawaii from 27 August 1979 until 8 July 1982. He was assigned to Company A; 65th Engineer Battalion. c. He was honorably discharged on 29 August 1984 for locally imposed bar to reenlistment. His DD Form 214 shows he completed 5 years, 8 months, and 11 days of active service. He had 2 years, 10 months, and 12 days of foreign service. He was awarded or authorized: * Army Service Ribbon * Overseas Service Ribbon * Non-Commissioned Officer Professional Development Ribbon (Numeral 2) * Army Achievement Medal * Good Conduct Medal (2nd Award) * Sharpshooter Marksmanship Qualification Badge (Rifle M-16A1) * Third Class (Hand Grenade) 5. By regulation (AR 600-8-22), the Humanitarian Service Medal is awarded to members who, after 1 April 1975, distinguished themselves by meritorious direct participation in a DOD 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. 6. By regulation (AR 635-5), foreign service/service outside continental United States is entered in Block 12f (Foreign Service) but there is no provision to list TDY period on the DD Form 214. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the available documentation and a review of the regulatory guidance on the requested relief, the Board found the evidence provided by the applicant does not establish he was a participant in the humanitarian relief efforts. Additionally, TDY periods are not placed on DD Form 214; therefore, the Board concluded there was insufficient evidence of an error or injustice which would warrant a change to the applicant’s record. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION 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. 11/5/2020 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. REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. 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 shows Eniwetok Radiological Cleanup 24 January 1977 – 15 April 1980 Eniwetok, Marshall Islands. By-name eligibility listings were published for this operation. Individuals not listed who claim meritorious direct participation should submit evidence of such through command channels to the Director, Defense Threat Reduction Agency, 6200 Meade Road, Fort Belvoir, VA 22060–5264, for determination. Service members involved in surveys and planning visits on Eniwetok Atoll between 1 April 1975 and 23 June 1977 are eligible. These individuals should write to the Director, Defense Threat Reduction Agency, through channels for confirmation of eligibility. 3. Army Regulation 635-5 (Separation Documents) in effect at the time established standardized policy for preparing and distributing the DD Form 214. The instructions stated for: * item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 * item 18 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 country deployed) FROM (YYYYMMDD-YYYYMMDD)" //NOTHING FOLLOWS//