PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           18 July 2002       
	DOCKET NUMBER:   AR2002071256

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

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. John P. Infante		Member	
	Mr. Stanley Kelley		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Humanitarian Service Medal and the Meritorious Service Medal.

3.  The applicant states that his DD Form 214 should include the Humanitarian Service Medal for his service in Somalia from 22 December 1992 to 31 March 1993.  He also contends that he is entitled to the Meritorious Service Medal for the period 8 March 1974 to 8 March 1994.  In support of his application, he submits a copy of his DD Form 214. 

4.  The applicant’s military records show that he entered active duty on 8 March 1974 and remained on active duty through continuous reenlistments until he retired in the rank of sergeant first class on 31 March 1994.

5.  The applicant’s retirement DD Form 214 does not show the Humanitarian Service Medal or the Meritorious Service Medal as authorized awards.

6.  There are no orders for the Humanitarian Service Medal in the available records.  

7.  The applicant’s service personnel records contain an award certificate for the Meritorious Service Medal for exceptionally meritorious service during the period 8 March 1984 to 8 March 1994.  This award was published by Permanent Orders 189-7, dated 15 December 1993.

8.  The applicant’s DA Form 2166-7 (NCO Evaluation Report) covering the period April 1992 through March 1993 indicates he participated in Operation Restore Hope in Somalia during this rated period.  

9.  Army Regulation 600-8-22 (Military Awards) 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.  Appendix C (Department of Defense Approved Humanitarian Service Medal Operations) of Army Regulation 600-8-22 (Military Awards) lists Joint Task Force Provide Relief (18 August to 
4 December 1992) located in Somalia and Kenya. 

10.  Military Personnel message 93-202, dated 251542Z May 1993, authorized the Armed Forces Expeditionary Medal for members of the U.S. Armed Forces 

who participated in Operation Restore Hope and Operation United Shield in Somalia beginning 5 December 1992.  No orders were promulgated for this award; however, unit personnel agencies were responsible for updating the records of personnel eligible for the Armed Forces Expeditionary Medal to show this award.  Award of the Armed Forces Expeditionary Medal for these operations was terminated effective 31 March 1995 by Personnel Command message, dated 170650Z May 1995.

11.  Army Regulation 600-8-22, provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.

CONCLUSIONS:

1.  The Board considered the applicant’s contention that his DD Form 214 should include the Humanitarian Service Medal for his service in Somalia from 
22 December 1992 to 31 March 1993.  However, the governing regulation does not show that service in Somalia during the period 22 December 1992 to 
31 March 1993 was a Department of Defense approved significant military act or operation of a humanitarian nature.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Humanitarian Service Medal in this case.   

2.  Evidence of record shows the applicant participated in Operation Restore Hope in Somalia.  Therefore, the applicant is entitled to award of the Armed Forces Expeditionary Medal and correction of his DD Form 214 to show this medal.

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Armed Forces Expeditionary Medal.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

RVO___  JPI_____  SK______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond V. O’Connor_
		        CHAIRPERSON

INDEX

CASE ID	AR2002071256	
SUFFIX		
RECON		
DATE BOARDED	20020718	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0075	
2.	107.0017	
3.	107.0072	
4.		
5.		
6.