Mr. Carl W. S. Chun | Director | |
Ms. Wanda L. Waller | Analyst |
Ms. Melinda M. Darby | Chairperson | |
Mr. Curtis L. Greenway | Member | |
Mr. Roger W. Able | Member |
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
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. | |
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