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ARMY | BCMR | CY2003 | 2003084308C070212
Original file (2003084308C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 July 2003
         DOCKET NUMBER: AR2003084308


         I certify that hereinafter is recorded the true and complete record of the proceedings 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:

Ms. Margaret K. Patterson Chairperson
Mr. Walter T. Morrison Member
Mr. Thomas E. O'Shaughnessy Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that the Legion of Merit (LOM), the Armed Forces Expeditionary Medal (AFEM) with three bronze service stars for service in El Salvador, and the Korea Defense Service Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3. The applicant states that the LOM and the third campaign star to the AFEM were authorized after his retirement. He also states that the Korea Defense Service Medal was newly authorized. In support of his application, he submitted a copy of orders awarding him the LOM and his Officer Record Brief (ORB). On 21 July 2003, the applicant submitted a citation for the Joint Service Commendation Medal; Movement/Temporary Additional Duty Orders for Operation Restore Hope; Termination of Temporary Additional Duty Orders for Support Of Operation Restore Hope (Somalia); and Announcement of Award of the Joint Service Commendation Medal.

4. The applicant's request for correction of his records to show award of the Korea Defense Service Medal was addressed by separate correspondence. Therefore, award of the Korea Defense Service Medal will not be discussed further in these Proceedings.

5. The applicant’s military records show that he was appointed as a Reserve commissioned officer on 19 May 1973 and was ordered to active duty on 12 October 1973. He served in Korea from 29 April 1974 through 28 April 1975 and Italy from 1 March 1981 through 22 December 1983. He was retired in the rank of lieutenant colonel on 31 October 1993.

6. The applicant's DD Form 214 does not show entitlement to the LOM.

7. The applicant provided a copy of U.S. Total Army Personnel Command, Alexandria, Virginia Permanent Orders 144-6, dated 20 September 1993. These orders awarded him the LOM for meritorious service during the period 1 August 1983 through 31 July 1993.

8. The applicant's DD Form 214 shows the AFEM with two bronze service stars.

9. Item 5 (Oversea Service) on the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 29 April 1974 through 28 April 1975.

10. His ORB shows he served as a Military Observer in Jerusalem from June 1985 through June 1986.

11. The applicant provided the citation for award of the Joint Service Commendation Medal. This citation states that he performed meritorious service as a Military Observer with the United States Military Observer Group, United Nations Truce Supervision Organization from June 1985 to June 1986. This citation also states that he was assigned to the Observer Group in Lebanon during this period.

12. The applicant's ORB shows he served in El Salvador with the U.S. Military Group from 6 June 1989 through 21 June 1990.

13. The applicant provided a copy of temporary additional duty orders published by the United States Marine Corps, I Corps Expeditionary Force. The applicant's name was listed on the roster of personnel of the Combined Joint Task Force for temporary duty in Somalia for support of Operation Restore Hope. These orders show that his temporary additional duty was for a period in excess of 90 days with a report date of 16 December 1992.

14. The applicant also provided a copy of orders published by the Joint Task Force in Somalia which shows his temporary additional duty in Somalia was terminated on 21 January 1993.

15. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. This regulation states that the AFEM was authorized for participation in Korea from 1 October 1966 to 30 June 1974 and for Lebanon during the period 1 June 1983 to 1 December 1987. One bronze service star is worn to denote subsequent award of the AFEM.

16. U.S. Total Army Personnel Command message 191510Z March 1996 authorized award of the AFEM for service in El Salvador. The period authorized for award of the AFEM was from 1 January 1981 to 1 February 1992. Qualifying service in accordance with this message specified that a soldier must be a bona fide member of a unit engaged in the operation or meet one or more of the following criteria: 1) Be engaged in direct support for 30 consecutive days in the area of operations; 2) Be engaged in actual combat, or duty which is equally hazardous as combat, during the operation with armed opposition regardless of time in the area; or 3) Participate as a regularly assigned crew member of an aircraft flying into, out of, or over the area in support of the military operation.

17. Military Personnel message 93-202, dated 251542Z May 1993, authorized the AFEM for members of the U.S. Armed Forces who participated in Operation Restore Hope and Operation United Shield in Somalia beginning 5 December 1992. No orders were promulgated for this award; however, unit personnel agencies were responsible for updating the records of personnel eligible for the AFEM to show this award. Award of the AFEM for these operations was terminated effective 31 March 1995 by Personnel Command message, dated 170650Z May 1995.

CONCLUSIONS:

1. Orders show the applicant was awarded the LOM; therefore, the LOM should be added to his DD Form 214.

2. The applicant's DD Form 214 shows the AFEM with two bronze service stars, for qualifying service in Korea and Lebanon, as an authorized award.

3. The evidence of record shows the applicant served a period of qualifying service for award of the AFEM for service in El Salvador.

4. The evidence of record also shows the applicant served a period of qualifying service for award of the AFEM for service in Somalia in support of Operation Restore Hope.

5. Based on the foregoing, the applicant is entitled to two additional bronze service stars for wear on his AFEM. Therefore, his DD Form 214 should be corrected to show the AFEM with four bronze service stars.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by adding the LOM and the AFEM with four bronze service stars to the applicant's DD Form 214.

BOARD VOTE:

MKP_____ WTM____ TEO___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Margaret K. Patterson_
                  CHAIRPERSON



INDEX

CASE ID AR2003084308
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030729
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


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