MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 August 2002   
	DOCKET NUMBER:   AR2002073105

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Melinda M. Darby		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Roger W. Able		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:  Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Humanitarian Service Medal.  

APPLICANT STATES:  That after his second deployment to Fort Chaffee, Arkansas, during the “Cuban Refugee”, his company was awarded the Humanitarian Service Medal.  In support of his application, he submits an Honorable Discharge Certificate; a copy of his DD Form 214; a copy of his Birth Certificate; a copy of his Drivers License and two identification cards.   

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

The applicant enlisted on 21 May 1979, served as a military policeman and was honorably discharged on 23 November 1984.

The applicant’s DD Form 214 does not show the Humanitarian Service Medal as an authorized award.

The applicant’s service personnel records contain a Letter of Commendation, dated 1 June 1980, for his performance during the Fort Chaffee Refugee Operation.  However, there are no orders for the Humanitarian Service Medal in the available records. 

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.  

Department of Defense Instruction 1348.33 (Military Awards Program) lists the Cuban Refugee Resettlement (27 April 1980 to 19 February 1982) located in the Florida Straits as an authorized humanitarian operation.

Army Regulation 600-8-22 also states that by-name listing of eligible participants have been forwarded to the recommending command.  

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 Board considered the applicant’s contention that after his second deployment to Fort Chaffee, Arkansas, during the “Cuban Refugee”, his company was awarded the Humanitarian Service Medal.  However, the governing regulation does not show that service in Fort Chaffee, Arkansas, was a Department of Defense approved significant military act or operation of a humanitarian nature.  There is also no by-name listing of eligible participants for award of the Humanitarian Service Medal in the applicant’s records.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Humanitarian Service Medal in this case.
   
2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

3.  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

MMD____  CLG____  RWA____  DENY APPLICATION

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

INDEX

CASE ID	AR2002073105	
SUFFIX		
RECON		
DATE BOARDED	20020820	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0075	
2.		
3.		
4.		
5.		
6.