MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 November 2000
	DOCKET NUMBER:   AR2000042037

	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. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison 		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Martha E. Schuler		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:  That his separation document reflect the second award of a Humanitarian Service Medal (HSM).

APPLICANT STATES:  That his first HSM was awarded for the New York Bus Strike in March 1980 and his second HSM was for the Cuban Refugee Resettlement.  In support of his application he submits a copy of his temporary duty orders and a pay voucher indicating his assignment to Fort Chafee, Arkansas in support of the Cuban Refugee Resettlement.  Also, he submits a copy of his DD Form 214 dated 30 April 1984.

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

The applicant enlisted in the Army on 23 September 1961 and through periods of enlistments honorably retired in the pay grade of E-6 on 30 April 1984.  His military occupational specialty (MOS) was 63B (Wheel Vehicle Mechanic).  His awards include the Good Conduct Medal (6th Award), the National Defense Service Medal, the Vietnam Service Medal with three Bronze Service Stars, the Vietnam Campaign Medal with 60 Device, the Vietnam Gallantry Cross with Palm Unit Citation Badge, and the Armed Forces Expeditionary Medal. 

Item 13 (Decorations) of the applicant’s separation document indicates he was awarded the HSM.

Army Regulation 600-8-22 provides, in pertinent part, that the Humanitarian Service Medal is awarded to members who 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 of Army Regulation 600-8-22 lists all operations approved by the Department of Defense as qualifying for award of the HSM.  The New York Bus Strike was not included as an approved operation for the HSM.

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.  The evidence of record indicates the applicant was awarded the HSM for participation in the Cuban Refugee Resettlement.

2.  Table C-1 of Army Regulation 600-8-22 does not list the New York Bus Strike as an approved operation for the HSM.

3.  The file is absent of any humanitarian participation by the applicant other than the Cuban Refugee Resettlement.  Therefore, he is not entitled to the second award of the HSM. 

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

__WTM__  __JEA _  __MES__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000042037	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001116	
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.	107.00	
2.		
3.		
4.		
5.		
6.