MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 10 April 2003
         DOCKET NUMBER: AR2002079044

         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Lester Echols		Member
Ms. Maria J. Troup		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)

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APPLICANT REQUESTS: Correction of item 12g (Sea Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two days of sea duty for being on board the U.S.S. Theodore Roosevelt. He also requests correction of his records to show the Joint Meritorious Unit Award, the Humanitarian Service Medal for service in Haiti and an "APFT [Army Physical Fitness Test] Badge."

APPLICANT STATES: That his sea duty was not put on his DD Form 214. He states that the Joint Meritorious Unit Award and the Humanitarian Service Medal had not been approved when he was discharged from active duty. He claims that his name was never submitted by his platoon sergeant for award of the "APFT Badge." In support of three applications, he submitted a copy of his DD Form 214, his DD Form 215 (Correction to DD Form 214), a DD Form 1610 (Request for Official Travel), a DD Form 1351-2 (Travel Voucher or Subvoucher), a Lost/Missing Report, a Military Personnel Bulletin and a DA Form 705 (Army Physical Fitness Test Scorecard).

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

The applicant enlisted in the Regular Army on 6 December 1983 and was honorably released from active duty on 3 December 1986. He enlisted in the Regular Army again on 25 March 1987 and continued to serve on active duty until 18 April 1995. The applicant enlisted in the USAR on 28 February 1996 and is currently serving the USAR in the rank of sergeant first class.

The applicant's DD Form 214 does not show any sea service in item 12g.

The applicant provided a copy of a DD Form 1610, dated 16 August 1994, which authorized him to travel from Fort Drum, New York to Norfolk, Virginia to perform duties as a fuel handler.

The applicant also provided a copy of a Travel Voucher, dated 19 August 1994, which shows he was on board the U.S.S. Theodore Roosevelt from 15 August 1994 to 17 August 1994 for deck landing qualification in Norfolk, Virginia. There are no orders in the applicant's personnel records which show he performed sea duty during this period.

There also is no evidence of record available to the Board which shows the applicant received special pay for sea duty during the period 15 August 1994 to 17 August 1994.

The applicant's DD Form 214 which covers his service in Somalia and Haiti does not show the Joint Meritorious Unit Award, the Humanitarian Service Medal for Haiti or the "APFT Badge" as authorized awards.

The Board noted the applicant's request for award of the Joint Meritorious Unit Award. However, the Joint Meritorious Unit Award is a Department of Defense award and must be processed and approved in accordance with DOD Instruction 1348.33, "Military Awards Program." Therefore, the Joint Meritorious Unit Award will not be further discussed in these Proceedings.

The applicant provided a copy of his DD Form 215, dated 27 March 2000, which amended the DD Form 214 in question to show award of the Humanitarian Service Medal for service in Somalia.

Records show the applicant served in Somalia from 18 August 1993 to 15 January 1994.

Review of the listing of "Awards Issued Since the Cold War" revealed that award of the Humanitarian Service Medal was authorized for Operation Task Force Provide Relief in Kenya and Somalia for the period 18 August 1992 through 4 December 1992.

Evidence of record shows the applicant served in Haiti from 21 September 1994 to 3 December 1994 in support of Operation Uphold/Maintain Democracy.

There is no evidence of record available to the Board which shows the applicant was awarded the Humanitarian Service Medal for service in Haiti.

Table C-1 of Army Regulation 600-8-22 (Military Awards) shows that Operation Uphold and Restore Democracy (10 September 1994 through 31 March 1995) in Haiti was approved by the Department of Defense as qualifying for award of the Humanitarian Service Medal. Those soldiers who were eligible for the Humanitarian Service Medal for participation in this operation were on a by-name listing.

The Army Regulation 600-8-22 does not list the "APFT Badge" as an authorized badge.

Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that sea service performed during the period covered by the DD Form 214 will be entered in item 12g. Verification is orders format 332 (Army Regulation 600-8-105) stating sea duty is required and proof that the soldier actually served on that duty.

Army Regulation 600-8-22 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.

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. Records show the applicant was aboard the U.S.S. Theodore Roosevelt from 15 August 1994 to 17 August 1994 for deck landing qualification in Norfolk, Virginia.

2. There are no orders in the applicant's records which show he performed sea duty or that he was authorized special pay for sea duty. Therefore, there is no basis for correcting the applicant's DD Form 214 to show two days of sea service.

3. The Board considered the applicant's request for award of the Humanitarian Service Medal for service in Haiti.

4. The applicant's DD Form 215 shows he was authorized award of the Humanitarian Service Medal for service in Somalia. However, records show the applicant was not assigned to Somalia during the period it was authorized award of the Humanitarian Service Medal.

5. Evidence of record shows the applicant served in Haiti in support of Operation Uphold and Restore Democracy from 21 September 1994 to 3 December 1994 and is entitled to award of the Humanitarian Service Medal for Haiti.

6. The Board determined that the applicant's DD Form 214 should be administratively corrected to show the entry "Humanitarian Service Medal (Haiti)" in lieu of "Humanitarian Service Medal (Somalia)."

7. The Board also considered the applicant's request for award of the "APFT Badge." However, this badge is not shown as an authorized award in the Military Awards regulation. Therefore, there is no basis for amending the applicant's DD Form 214 to show this badge.

8. 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.


9. 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.

NOTE: Request that the Army Review Boards Agency (ARBA), Support Division, St. Louis furnish the individual concerned a DD Form 215, (Correction to DD Form 214) to show the award of the "Humanitarian Service Medal (Haiti)" in lieu of "Humanitarian Service Medal (Somalia)" in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized).

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

FNE____ LE______ MJT_____ DENY APPLICATION

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

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INDEX

CASE ID	AR2002079044
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030410
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY	Mr. Chun
ISSUES 1.	107.0000
2.	100.0000
3.
4.
5.
6.