AR20160005681

IN THE CASE OF:

BOARD DATE: 17 May 2016

DOCKET NUMBER: AR20160005681

BOARD VOTE:

____X_____ ___X____ ____X____ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 17 May 2016

DOCKET NUMBER: AR20160005681

BOARD DETERMINATION/RECOMMENDATION:

1. 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 removing from his Official Military Personnel File (Performance folder, Documents/Certificates that Award Badges, Awards, Service Medals, Tabs or Non-Army Awards (No Orders Published)) section, “The Joint Staff, Washington, DC, memorandum, dated 14 January 2015, subject: Approval of the Humanitarian Service Medal for Republic of the Philippines Relief Efforts Operation DAMAYAN.”

2. To ensure this decision results in no unintended harm to the individual concerned, this Record of Proceedings and all documents related to this appeal will be returned to this Board for permanent filing. The Record of Proceedings and associated documents will not be filed in the individual’s Official Military Personnel File or any other folder/section of the Army Military Human Resource Record.

_____________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: 17 May 2016

DOCKET NUMBER: AR20160005681

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 removal of a document pertaining to approval of the Humanitarian Service Medal (HSM) from his Official Military Personnel File (OMPF).

2. The applicant states, in effect, the HSM was awarded to personnel who participated in Operation Damayan in the Republic of the Philippines in November 2013. He states that he departed the Philippines in October 2013. Therefore, he did not qualify for or earn the HSM and it should be removed from this OMPF.

3. The applicant provides copies of his Enlisted Record Brief and the HSM award document.

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted in the Regular Army on 6 October 2009. He is currently serving on active duty in the rank of staff sergeant/pay grade E-6.

2. A review of the applicant’s OMPF, Performance folder, Documents/ Certificates that Award Badges, Awards, Service Medals, Tabs or Non-Army Awards (No Orders Published) section, in pertinent part, shows The Joint Staff, Washington, DC, memorandum, dated 14 January 2015, subject: Approval of the HSM for Republic of the Philippines Relief Efforts Operation Damayan. It shows the Chief, Awards Branch, notified the Director for Manpower and Personnel, U.S. Pacific Command, that the HSM was approved by the award authority for those Service members of Joint Task Force 505, Functional Component Service Commands, and U.S. Pacific Command, who were physically present and provided humanitarian assistance during the period
10 November 2013 to 1 December 2013. (A review of the document fails to show the applicant’s name. It does show the applicant’s Social Security Number (SSN) was handwritten on the top, right-hand corner of the document.)

3. A DA Form 2166-8 (NCO [Noncommissioned Officer] Evaluation Report) covering the period 11 October 2013 through 10 October 2014, shows the applicant was assigned to Company A, 3rd Battalion, 1st Special Forces Group (Airborne), Joint Base Lewis McChord, WA. A review of the report failed to show he was assigned/attached to Task Force 505, Functional Component Service Commands or the U.S. Pacific Command, or that he participated in Operation Damayan.

4. In support of his application the applicant provides a copy of his Enlisted Record Brief, dated 18 March 2016.

* Section I (Assignment Information) shows he served in the Republic of Philippines from 25 April 2013 to 28 October 2013
* Section VIII (Awards and Decorations) does not list the HSM

REFERENCES:

1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

a. The HSM is awarded to members 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. A service member 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.

b. Table C-1 (Approved HSM Operations) shows Republic of Philippines Relief Efforts (Operation Damayan), inclusive dates 10 November 2013 to
1 December 2013, in the geographical area of the Philippines was approved by the Department of Defense as qualifying for award of the HSM.

2. Army Regulation 600-8-104 (Army Military Human Resource Records (AMHRR) Management) provides policies, operating tasks, and steps governing the OMPF.

a. Table B-1 (Authorized Documents) provides guidance for filing records and documents in the OMPF. It shows approved award documents will be filed in performance section of the OMPF.

b. Chapter 3 (AMHRR Management Program), paragraph 3-6 (Authority for filing or removing documents in the AMHRR folders), shows that only documents pertaining to a Soldier’s military career will be filed in the OMPF. Once properly filed in the OMPF, the document will not be removed from the record unless directed by, in pertinent part, one of the following

* the Official Records Custodian for administrative purposes (this includes, but is not limited to deleting or moving mistakenly filed documents from the performance or service folder to the restricted folder and vice versa)
* Army Board for Correction of Military Records

DISCUSSION:

1. The applicant contends the memorandum pertaining to award of the HSM for Operation Damayan should be removed from his OMPF because he did not earn the award.

2. The evidence of record shows that the applicant’s SSN was written on the memorandum that approved the HSM for Republic of the Philippines Relief Efforts (Operation Damayan) and that it is filed in the performance folder of his OMPF. However, the evidence of record fails to show the applicant was serving in the designated area for the award at the time, there is no evidence he was personally awarded the HSM by his commander, and his ERB does not list the award. In addition, the applicant’s statement to this Board confirms the evidence of record that he did not qualify for the award. Thus, it may be concluded that an administrative error occurred and that the memorandum was erroneously filed in the applicant’s OMPF.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20160005681

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20160005681

3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2