MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            21 April 1999     
	DOCKET NUMBER:   AR1999015394

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Gary F. Gerets		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect that his military records be corrected to reflect award of the Humanitarian Service Medal and Army Commendation Medal.  He also notes that item 18 (remarks) on his DD Form 214 incorrectly reflects that he did not complete his first term of service, that the address in item 19a (mailing address after separation) is incorrect, and that item 19b(nearest relative) contains his name.

APPLICANT STATES:  In effect, that he was awarded the Humanitarian Service Medal and Army Commendation Medal and that he did complete his initial term of service.  He submits no evidence 

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant initially enlisted in the Army Reserve on 15 October 1991 under the delayed entry program and on 11 August 1992 enlisted in the Active Army for a period of 2 years and 23 weeks.  He successfully completed basic and advanced individual training and in January 1993 was assigned to Fort Carson, Colorado.

He was awarded an Army Achievement Medal for the period 23 March 1993 through 26 April 1993, which was confirmed in orders published at Fort Carson.

On 5 October 1994 he reenlisted for a period of 2 years which established his separation date as 4 October 1996.

In March 1996 the applicant agreed to extend or reenlist in order to complete a 36-month tour of duty in Germany.  Although his records do not contain a copy of an extension or reenlistment contract it is apparent that he took some sort of action to continue his service because his August 1996 Personnel Qualification Record reflects a separation date of 19 December 1999.

The applicant arrived in Germany on 21 March 1996 and completed a record of emergency data form indicating his father’s name was “Sam A. McCrea” and that his father’s address was 1519 Soto Street, Seaside, California.  The applicant’s name is Samuel Antonio McCrea IV.

In February 1997, less than a year after his arrival in Germany, the applicant was returned to the United States for separation processing under the provisions of Army Regulation 635-200, chapter 10 (in lieu of trial by court-martial).  He was discharged under other than honorable conditions on 7 February 1997 and not transferred to the USAR to complete his statutory 8-year service obligation.

The applicant’s separation document reflects entitlement to an Army Achievement Medal and item 19a (mailing address after separation) reflects his father’s address in Seaside, California.  Item 19b (nearest relative) on his separation document contains his father’s name “Sam A. McCrea” and address.

Item 18 (remarks) on his DD Form 214 states “Member has not completed first full term of service” and refers to item 6 which would normally reflect the termination of an individual’s statutory service obligation.  However, because the applicant was discharged and not transferred to the USAR item 6 does not reflect a Reserve Obligation Termination Date.

Army Regulation 600-8-22 provides that the Army Commendation medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

Army Regulation 600-8-22 also provides that the Humanitarian Service Medal is awarded to individual who distinguish themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  To be eligible an individual must provide evidence, which substantiates direct participation in a DOD, approved humanitarian act or operation.

Army Regulation 135-91 (Service Obligations) states that effective 1 June 1984, all personnel incur an 8-year statutory obligation on initial entry into the Armed Forces.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  There is no evidence, and the applicant has not provided any, which confirms he was ever recommended for, or awarded, an Army Commendation Medal or that he participated in a DOD approved humanitarian act or operation.

2.  While the applicant maintains that information contained in item 19a and 19b on his DD Form 214 is incorrect; it is consistent with information contained in his file.  The name and address contained in item 19b is the applicant’s father’s name, not his.  Although the applicant may not have resided at the address in item 19a following his separation, it is logical that he would have provided his father’s address as a “permanent” address for contact purposes.

3.  The information in item 18 (remarks) concerning the applicant not completing his “first full term of service” is associated with his statutory service obligation, which was not completed, because he was “discharged” rather than merely “released” from active duty.  His 8-year statutory service obligation, based on his initial enlistment in the military on 15 October 1991, would not have expired until 
14 October 1999.  As such the statement contained in item 18 is correct.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___cmf__  ___sk___  ___gfg__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015394	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990421	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1. 107.0		
2.  110.00		
3.		
4.		
5.		
6.