PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 August 2002
	DOCKET NUMBER:   AR2002071629

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Harry B. Oberg		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 that the Army Commendation Medal (ARCOM) 1st oak leaf cluster and the Humanitarian Service Medal (HSM) be added to his Certificate of Release or Discharge from Active Duty, DD Form 214.

3.  The applicant states that he is going back on active duty and would like his records updated.  He provides a Recommendation for Award, DA Form 638-1, dated 6 July 1993; an ARCOM certificate dated 12 July 1993; and a Request  and Authorization for TDY Travel of DOD Personnel, DD Form 1610, dated         3 September 1992 as supporting evidence.

4.  The applicant's military records show that he enlisted in the Regular Army in 1990 (the available DD Form 214 is partially illegible).  He completed basic training and advanced individual training and was awarded military occupational specialty 63S (Heavy Wheel Vehicle Mechanic).  

5.  The provided DD Form 1610 dated 3 September 1992 shows that the applicant and about 50 others from his unit at Fort Bragg, NC were sent on temporary duty (TDY) to Homestead Air Force Base, FL for Hurricane Andrew Disaster Relief for 120 days with a will proceed date of on or about 3 September 1992.  

6.  The provided DA Form 638-1 shows the applicant was recommended for the ARCOM basic award on 21 April 1993.  Item 13 shows his previous awards as the Army Achievement Medal.  The ARCOM basic award was approved on Permanent Order 19-10, Headquarters, 7th Special Forces Group (Airborne).

7.  The applicant was released from active duty apparently sometime after 1 May 1993.  His DD Form 214 shows he was awarded the ARCOM but not the HSM.

8.  Army Regulation 600-8-22 states that the HSM was established on               19 January 1977.  It is awarded to members of the Armed Forces who distinguished themselves by meritorious direct participation in a Department of Defense (DoD) approved significant military act or operation of a humanitarian nature.  The service member must be on active duty at the time of direct participation in the DoD approved humanitarian act or operation.  The service member must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits.  "Direct participation" is defined as "hands on" activity at the site or sites of the military act or operation.  Specifically excluded from eligibility for this medal are personnel or elements remaining at geographically separated military headquarters.  The service member must provide evidence which substantiates 

direct participation in the DoD approved humanitarian act or operation except when by-name eligibility lists are published.  Acceptable evidence includes certificates and letters of commendation or appreciation; evaluation reports; copies of TDY orders reflecting participation within the specified timeframe and geographical location cited; after action reports; and statements from commanders or other officials who were in a position to substantiate the service member's direct participation in the area of operations.

9.  Army Regulation 600-8-22 states that the inclusive dates for the HSM for the Hurricane Andrew Disaster Relief Operation were 23 August - 10 November 1992 in Florida and 28 August - 8 October 1992 in Louisiana.  A by-name listing of eligible participants had been forwarded to the recommending command.

10.  The U. S. Total Army Personnel Command stated that they no longer have the case file on Hurricane Andrew but that soldiers at Fort Bragg, NC normally received approved HSM awards.

CONCLUSIONS:

1.  Although evidence to show the applicant was on the by-name listing of eligible participants in the Hurricane Andrew Disaster Relief Operation is not available, by regulation one of the acceptable substantiating documents is a copy of TDY orders.  The provided DD Form 1610 shows that the applicant was TDY in support of the Hurricane Andrew Disaster Relief Operation in Florida during the appropriate timeframe.  Considering his MOS of Heavy Wheel Vehicle Mechanic, the Board presumes that he directly participated in the military operation.

2.  There is no evidence of record and the applicant provides none to show he was awarded the ARCOM 1st oak leaf cluster.  The DA Form 638-1 he provided shows that he was recommended for, and awarded, the ARCOM basic award.  The ARCOM basic award is already listed on his DD Form 214.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by adding the Humanitarian Service Medal to the applicant's DD Form 214.

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

BOARD VOTE:  

__MKP__  __CJP __  _ _HBO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Margaret K. Patterson__
		        CHAIRPERSON

INDEX

CASE ID	AR2002071629	
SUFFIX		
RECON		
DATE BOARDED	2002/08/29	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	PARTIAL RELIEF	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.	107.0075	
3.		
4.		
5.		
6.