IN THE CASE OF: BOARD DATE: 8 July 2022 DOCKET NUMBER: AR20220000537 APPLICANT REQUESTS: 1. Reconsideration of his previous request to correct his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 27 July 1993, to reflect award and or authorization for the following: * Humanitarian Service Medal * Driver and Mechanic Badge (w/ Operator "S" Bar) 2. As a new request he requests to have the Armed Forces Reserve Medal (w/ Mobilization "M" Device) added to his DD Form 214, ending on 27 July 1993. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, dated 27 July 1993 * Orders Number D-06-034132, dated 20 June 2000 * Certificate, Honorable Discharge, dated 20 June 2000 * Retirement Points Accounting System Summary Points Inquiry, dated 17 March 2012 * Memorandum – Subject: Award of the Army Reserve Components Achievement Medal, dated 4 October 2018 * Memorandum – Subject: Letter of Commendation, dated 10 September 1994 * Executive Orders Number 13013, dated 6 August 1996 * U.S. Army Human Resources Command (HRC) – Awards and Decorations Branch letter, dated 3 October 2018 * National Personnel Records Center (NPRC) letter, dated 17 March 2012 * Orders Number 115-24, dated 23 June 1993 * Certificate for Processing Chlorofluorocarbon (CFC) and Halon Chlorofluorocarbon (HCFC) Refrigerants, dated 24 April 1995 * DA Form 5286-R (Individual Training Record) * Certificate, dated 27 July 1993 * Executive Orders Number 11965, dated 19 January 1977 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number on 16 March 2021. 2. The applicant states in pertinent part, with regard to his previous request for award of the Humanitarian Service Medal that the Board incorrectly cited the applicable period of service as ending on 27 July 1991. He argues that his period of service did actually fall within the parameters wherein the award was authorized as evidenced in his presented documents. Further, he presents documentation of an Army Reserve Component Achievement Medal which provides confirmation of his service from 16 June 1993 – 15 June 1996. a. Driver and Mechanic Badge – He provides that the previous Board misinterpreted the eligibility requirements for this device. He argues that the unit commander issued a Letter of Commendation which should also be considered as evidence of his performance of duty without incident and or reprimand. He adds that he was also retroactively awarded the Army Reserve Component Achievement Medal in recognition of his exemplary efficiency during this period of service. b. Armed Forces Reserve Medal with "M" Device – He provides that he was called to active duty in support of Operation Desert Shield/Storm during the wartime period of 2 August 1990 – 30 November 1995. He was assigned to a unit and participated in Annual Training (AT) from 18 June 1994 – 1 July 1994 and again from 9 – 22 April 1995 and should therefore be authorized this decoration. 3. A review of the applicant's available service records reflects the following: a. On 16 June 1992, the applicant enlisted in the U.S. Army Reserve (USAR) for 8 years to serve as a 52C (Utility Equipment Repairman) with the 950th Maintenance Company, Van Nuys, CA. b. On 2 February 1993, the applicant was ordered to active duty for the completion of his Initial Active Duty Training (IADT) c. On 23 June 1993, U.S. Army Fort Belvoir, VA, issued Orders Number 115-24 awarding Military Occupational Specialty (MOS) 52C to the applicant. d. On 27 July 1993, the applicant was released from active duty following the completion of his IADT. DD Form 214, item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) reflects: National Defense Service Medal, Army Service Ribbon, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). e. On 20 June 2000, the U.S. Army Human Resources Command issued Orders Number D-06-034132 honorably discharging the applicant from the USAR. 3. The applicant provides the following a: a. Certificate, Honorable Discharge dated 20 June 2000, reflective of the applicant being recognized for his service in the USAR. b. Retirement Points Accounting System Summary Points Inquiry, dated 17 March 2012, reflective of a summary of the applicant's performance of duty from 16 June 1992 – 20 June 2000. c. Memorandum – Subject: Award of the Army Reserve Components Achievement Medal, dated 4 October 2018, reflective of the applicant being recognized for meeting the prerequisites and service time required to be authorized his first award of the Army Reserve Components Achievement Medal; period of service: 16 June 1993 – 15 June 1996. d. Memorandum – Subject: Letter of Commendation, dated 10 September 1994, reflective of the applicant being commended for exceptional performance between 18 June 1994 and 1 July 1994, during his units AT. e. Executive Orders Number 13013, dated 6 August 1996, reflective of Executive Orders Number 10163 (Armed Forces Reserve Medal) being amended to reflect omission of the sections 3 and 4, and therefore amending the qualification requirements to reflect 10 years of honorable service in the USAR, being called to active duty and served under Title 10, USC, Sections 12301(a), 12302, 12304, 12406 and Chapter 15 of Title 10, or volunteered and served on active duty in support of specific military operations or contingencies designated by the Secretary of Defense. f. HRC – Awards and Decorations Branch letter, dated 3 October 2018, reflective of the applicant being authorized the Army Reserve Components Achievement Medal. g. NPRC letter, dated 17 March 2012, reflective of the applicant being provided with copies of his separation documents. h. Certificate for Processing CFC and HCFC Refrigerants, dated 24 April 1995, reflective of the applicant's successful completion of the Department of Defense Environmental Protection Agency Certification Program for processing CFC and HCFC refrigerants. i. DA Form 5286-R reflective of the applicant's completion of the required performance criteria to be awarded the 52C MOS. j. Certificate, dated 27 July 1993, reflective of the applicant's demonstrated performance in the operation of Refrigerant Recovery and Recycle Equipment. k. Executive Orders Number 11965, dated 19 January 1977, reflective of the establishment of the Humanitarian Service Medal. The applicant raises attention to the fact that this award is authorized for USAR service members who distinguish themselves by meritorious participation in a military act or operation of humanitarian nature. The Secretary of Defense and the Secretary of Transportation for the Coast Guard will determine the types of acts or operations that warrant award of the medal. 4. Review of the applicant's DA Form 2-1 (Personnel Qualification Record) item 5 (Overseas Service) is void of any information; item 9 (Awards, Decorations and Campaigns) reflects authorization for the following: National Defense Service Medal and the Army Service Ribbon; item 35 (Record of Assignments) reflects assignment to the 950th Maintenance Company for the duration of the applicant's military service. Further, the applicant's records are void of evidence of any Title 10, USC, Sections 12301(a), 12302, 12304, 12406 or other mobilization orders. Lastly, the applicant did not submit nor does review of his available service records reflect evidence of his participation in an operation and or action previously considered and or authorized recognition for humanitarian service. 5. On 16 March 2021, Docket Number, the Board determined that the applicant's request for relief was not warranted citing insufficient evidence existed to grant award of the Driver and Mechanics Badge as the documentation available is void of a commander's recommendation or orders. With respect to the applicant’s request for the Humanitarian Service Medal to be added to his DD Form 214 for the period ending 27 July 1991, the Humanitarian Service Medal was authorized for the Northridge Earthquake Relief Operation in Northridge, CA for the period 17 January 1994 to 24 February 1994 and, therefore outside his period of service. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The applicant is advised the DD Form 214 shows circumstances as they existed when the form was created, thus, any approved awards for periods subsequent of the DD Form 214 are not listed on the form. Furthermore, the Board determined there is insufficient evidence to amend the previous Board’s decision. 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 to amend the decision of the ABCMR set forth in Docket Number on 16 March 2021. 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. Army Regulation (AR) 600-8-22 (Military Awards) provides the following: a. Humanitarian Service Medal – (Paragraph 2-24) is awarded to service members of the Armed Forces of the U.S. who, after 1 April 1975, distinguished themselves by meritorious direct participation in a Department of Defense or Department of the Army approved significant military act or operation of a humanitarian nature. After 1 April 1975, but on or before 6 January 2016, the recipient must have been physically present at the designated location, having directly contributed to and influenced the action. For humanitarian operations within the United States, the recipient must have been physically present at the designated location of the humanitarian assistance, having directly contributed to and influenced the action. The designated location is the immediate site(s) of the humanitarian operations as defined by the Presidential authorization of Federal assistance. Significant assistance in the event of national or international disasters, natural or manmade, such as, but not limited to, earthquakes, floods, typhoons, or conflagrations would qualify for this award. Recommendations must be entered into command channels within 2 years of the military act or operation to be recognized. A written justification fully explaining and attesting to the humanitarian aspects of the services rendered by service member in the act or operation being recommended. This an individual award, as such, only those individuals who meet the specific requirements will be authorized this award. Recommendations must include the name of the operation and date or period of the operation, Federal Disaster Assistance Control Number, full explanation of the humanitarian act and the names of the units/location involved. b. Driver and Mechanic Badge – (Paragraph 8-20) is awarded to drivers, mechanics and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles and equipment. Component bars are authorized only for the certain vehicles and or qualifications. Operator "S" is authorized for those service members qualified on special mechanical equipment. To be eligible for this award, drivers must possess a valid operator's license, be assigned duties as a driver or assistant driver for a minimum of 12 consecutive months or driven at least 8,000 miles without an accident/incident. Further, to be eligible for this award, mechanics must pass the aptitude test, be assigned to a primary duty as an automotive or engineer mechanic. To qualify for the "S" (Operators of Special Mechanical Equipment) the service member or civilian whose primary duty involves operation of Army materials handling or other mechanical equipment must have completed 12 consecutive months or 500 hours of operation, whichever comes first, without accident or written reprimand as the result of his or her operation, and his or her operating performance must have been adequate in all respects. c. Armed Forces Reserve Medal – (Paragraph 2-26) recognizes service members of the Reserve Component (RC) who have completed 10 years of honorable service in the RC, been called to active duty and served under statutory conditions or volunteered and served on active duty in support of designated military operations or contingencies. This award is further awarded by the unit commander for honorable or satisfactory service as a member of 1 or more RC for a period of 10 years. On or after 1 August 1990, the member was called to active duty and served under Title 10, USC, 12301(a), 12302, 12304, 12406, or, in the case of the U.S. Coast Guard Reserve, Title 14, USC, section 712. The member volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense (SECDEF), as defined in Title 10, USC, section 101(a)(13). The "M" Device is authorized for wear on the Armed Forces Reserve Medal by members of the RC who are called to or who volunteer and serve on active duty in support of specific U.S. military operations or contingencies designed by the SECDEF, as defined in Title 10, USC, section 101(a)(13). Recognized operations are listed in Table 6-1 of this regulation. 2. AR 635-5 (Separation Documents) states that the DD Form 214 will reflect the conditions and circumstances that existed at the time the records were created. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. All available records will be used as a basis for the preparation of DD Form 214, including DA Form 2-1 (Personnel Qualification Record) and orders. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the issued DD Form 214 will contain all decorations, service medals, campaign credits and badges awarded or authorized from section II (Awards, Decorations and Campaigns) of DA Form 2-1 (Personnel Qualification Record). 3. AR 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220000537 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1