MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 April 2000                   
	DOCKET NUMBER:   AR1999031562

	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.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Thomas a. Pagan		Member	
	Mr. Kenneth L. Wright		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 the Humanitarian Service Medal (HSM) be added to his DD Form 214, Report of Separation.

APPLICANT STATES:  That the provided letter from the commander of Task Force Viper confirms he participated in Operation Provide Comfort by supporting the 3d Armored Division’s Humanitarian Aid/Refugee Relocation mission at Safwan, Iraq.

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

He enlisted in the Regular Army on 4 October 1989.  He completed basic training and advanced individual training and was awarded military occupational specialty (MOS) 63W (Wheel Vehicle Repairer).  He was assigned to Germany in April 1990 and on 11 October 1990 was assigned to the (1st Armored) Division Aviation Support Battalion as a wheel vehicle repairer.  

The applicant served in Southwest Asia from 25 December 1990 to 19 June 1991.  A memorandum for record dated 13 August 1991 from the commander, Task Force Viper, 3d Armored Division certifies that the applicant participated in Operation Provide Comfort as a member of the Combat Aviation Brigade, 3d Armored Division from 16 April 1991 to 8 May 1991.  He supported the 3d Armored Division’s Humanitarian Aid/Refugee Relocation mission at Safwan, Iraq.

Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  Table C-1 states that the HSM was authorized for Operation Provide Comfort for the period 5 April – 14 June 1991 and that a       by-name listing of eligible participants had been forwarded to the recommending command.  Chapter 2 states that the HSM is awarded to members who distinguish themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.
“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.  Except when by-name eligibility lists are published, a soldier must provide evidence which substantiates direct participation in the approved humanitarian act or operation.

On 19 April 2000, the U. S. Total Army Personnel Command (PERSCOM), Awards Branch confirmed that the applicant was not on the by-name eligibility listing for Operation Provide Comfort.

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.  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 the aforementioned requirement.

2.  A by-name eligibility listing for Operation Provide Comfort was prepared.  PERSCOM has confirmed that the applicant’s name is not on the list.

3.  The Board concludes that the provided memorandum for record alone is insufficient evidence to show the applicant directly participated in Operation Provide Comfort as “direct participation” is defined by regulation for award of the HSM.  Without further evidence, the Board presumes that the applicant’s MOS as a wheel vehicle repairer meant that he provided support to those who did directly participate.

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

__klw___  __eb____  __tap___  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031562	
SUFFIX		
RECON		
DATE BOARDED	20000427	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0075	
2.		
3.		
4.		
5.		
6.