MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 May 2000                   
	DOCKET NUMBER:   AR1999032764

	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:

	Mr. Arthur A. Omartian 		Chairperson	
	Mr. Van B. Cunningham 		Member	
	Mr. Lestor Echols 		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 the Humanitarian Service Medal and the M-14 Expert Rifle Badge (currently known as the Expert Marksmanship Qualification Badge with Rifle Bar). 

APPLICANT STATES:  In effect, that he was awarded the Humanitarian Service Medal for his participation in Operation New Life in Guam which is not shown on his DD Form 214.  He also contends that he qualified expert with the M-14 rifle in August of 1968 and it is not recorded on his DD Form 214.  In support of his application, he submits a disability retirement letter, dated 18 February 1983; a letter requesting the issuance of his medals and decorations, dated 15 October 1999; and a copy of his DD Form 214 with an effective date of 4 March 1983.   

The applicant’s request for the issuance of his medals and decorations was addressed by separate correspondence to the applicant.

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

The applicant was inducted on 19 August 1968.  He served as a wheel vehicle repairman in Vietnam and was honorably discharged on 18 August 1970 and transferred to the USAR.  The applicant entered active duty again on 15 March 1974 and remained on active duty through continuous reenlistments until he was retired by reason of permanent physical disability on 4 March 1983.       

The applicant’s DD Forms 214, which were authenticated in his own hand, do not show the Humanitarian Service Medal as an authorized award.  The applicant’s DD Form 214 with an effective date of 2 February 1977 does show the “Rifle
M-14 Exp Qual Bad” [Rifle M-14 Expert Qualification Badge] as an authorized award.  Therefore, the applicant’s request for award of the M-14 Expert Rifle Badge will not be discussed further in this Memorandum of Consideration. 

The applicant’s records do not indicate that he was eligible for or awarded the Humanitarian Service Medal. 

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 Operation New Life/New Arrivals (1 April -
20 December 1975 located in Guam, Fort Chaffe, Arkansas, and Fort Indiantown Gap, Pennsylvania). 

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.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he participated in Operation New Life or any other Department of Defense approved significant military act or operation of a humanitarian nature.  Therefore, the applicant is not entitled to award of the Humanitarian Service Medal.   

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 the aforementioned 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

AAO____  VBC____  LE______  DENY APPLICATION

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

INDEX

CASE ID	AR1999032764	
SUFFIX		
RECON		
DATE BOARDED	20000516	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19830304	
DISCHARGE AUTHORITY	AR 635-40, Para 4-24e(1)	
DISCHARGE REASON	Physical disability retirement permanent	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0075	
2.	107.0110	
3.		
4.		
5.		
6.