RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 December 2007
	DOCKET NUMBER:  AR20070011538 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Ms. Jeanette R. McCants

Member

Mr. Jerome L. Pionk

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Combat Infantryman Badge, the Combat Patch [sic], the Humanitarian Service Medal (2nd Award), the Good Conduct Medal, the United Nations Service Medal, and the Presidential Unit Citation.

2.  The applicant states that he did not receive these awards due to a data entry error.

3.  The applicant did not provide any documentary evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that he enlisted in the Regular Army on 21 January 1992 for a period of 3 years and 14 weeks.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  The highest rank he attained during his military service was specialist/E-4.  He was honorably released from active duty on 28 April 1995 for completion of required service and transferred to the U.S. Army Reserve Control Group (Reinforcement).

3.  Item 13 (Decorations, Medals, Badges, Citations and campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Achievement Medal, the National Defense Service Medal, the Armed Forces Expeditionary Medal (2nd award), and the Humanitarian Service Medal.  Item 13 does not list award of the Combat Infantryman Badge, the Good Conduct Medal, the United Nations Service Medal, and the Presidential Unit Citation 

4.  The applicant's records show that upon completion of advanced individual training, he was assigned to A Company, 1st Battalion, 22nd Infantry Regiment, Fort Drum, New York.  His records further show that he served in Haiti in support of Operation Uphold Democracy during the period 19 September 1994 through 20 January 1995 and in Somalia, in support of Operation Restore Hope, during the period 6 April 1993 through 13 August 1993.

5.  The applicant's records do not contain orders awarding him the Combat Infantryman Badge or the Good Conduct Medal.

6.  The applicant's records indicate that a DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)) was initiated on the applicant on 26 July 1994.  However, the DA Form 268 is not available for review with this case.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

8.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  

10.  Military Personnel message 93-202, dated 251542Z May 1993, authorized the Armed Forces Expeditionary Medal 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 Armed Forces Expeditionary Medal to show 
this award.  Award of the Armed Forces Expeditionary Medal for these operations was terminated effective 31 March 1995 by Personnel Command message, dated 170650Z May 1995.

11.  Personnel Command message, dated 151411Z June 1994, announced the eligibility requirements for award of the United Nations Medal (UNM) for United Nations operations in Somalia.  Personnel Command message, dated 161627Z October 1995, provided guidance on determining eligibility and awarding of the UNM.  That guidance included the following:  An individual must serve under the command of a United Nations Force Commander, wear the National or United Nations uniform to include the Blue Beret, and serve a minimum of 90 days under United Nations command; the eligibility period for U.S. personnel who meet the criteria for the United Nations Medal in Somalia is 1 May 1993 to 25 March 1994; U.S. military personnel who participated in Operation Restore Hope, or UNITAF, between December 1992 and May 1993 are not eligible for the UNM; and as an exception to policy the Secretary General of the United Nations may approve award of the UNM to U.S. units which comprised the Quick Reaction Force which are listed in this message.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

13.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch.”  In pertinent part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214.

14.  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.

15.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

16.  Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat Infantryman Badge, the Combat Patch [sic], the Humanitarian Service Medal (2nd Award), the Good Conduct Medal, the United Nations Service Medal, and the Presidential Unit Citation.

2.  Evidence of record shows that the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size. While the applicant's records show that he served in Haiti and Somalia, there is no evidence that "he was personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy."  In the absence of sufficient evidence showing that he was directly involved in active ground combat, he does not meet the criteria for award of the Combat Infantryman Badge.

3.  Evidence of record shows that the applicant's record contained a DA Form 268, dated 26 July 1994, that may have been used as grounds by the immediate commander to deny the applicant award of the Good Conduct Medal.  The applicant has not provided evidence that shows he was fully qualified for award of the Good Conduct Medal.  

4.  There is no evidence in the applicant's records that show he had directly participated in a second humanitarian act or operation within a designated geographical area of operation and within specified time limits.  The applicant did 
not provide substantiating evidence (certificates or letters of commendation, evaluation reports, or After Actions Reports) that show he made a direct contribution to or influenced the action in the location to which he claims entitlement to this award. Therefore, he is not entitled to award of the Humanitarian Service Medal (2nd Award).

5.  Evidence of record shows that the applicant did not meet the eligibility criteria for award of the United Nations Medal during his service in Somalia.  There is no evidence that he served under the command of a United Nations Force Commander, wore the National or United Nations uniform to include the Blue Beret, and served a minimum of 90 days under United Nations command.  Therefore, he is not entitled to award of the United Nations Medal.

6.  Evidence of record shows that Army regulations authorize optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit (combat patch) in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214.  Therefore, there is no further action required.

7.  Evidence of record shows that the applicant's unit of assignment was not awarded the Presidential Unit Citation or any other unit awards during the period the applicant was assigned to this unit.  Therefore, he is not entitled to award of the Presidential Unit Citation.

8.  Evidence of record shows that the applicant successfully completed initial entry training and served a qualifying period on active duty for award of the Army Service Ribbon; however, it is not reflected on his records.  Therefore, the applicant is entitled to correction of his records to show award of the Army Service Ribbon. 

9.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__rtd___  __jrm___  __jlp___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned to award the Combat Infantryman Badge, the Good Conduct Medal, the United Nations Service Medal, and the Presidential Unit Citation, or the Humanitarian Service Medal (2nd Award).

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Army Service Ribbon.




							Richard T. Dunbar
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070011538
SUFFIX

RECON

DATE BOARDED
20071220
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.