IN THE CASE OF:	  

		BOARD DATE:	        31 March 2009

		DOCKET NUMBER:  AR20080019208 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Separation from Active Duty) to show his service in Somalia and Haiti as well as award of the Army Achievement Medal, the Army Commendation Medal, and the Meritorious Service Medal. 

2.  The applicant states that his DD Form 214 does not list his deployments an/or his awards. 

3.  The applicant provides a copy of a DA Form 638 (Recommendation for Award), dated 20 December 1993, showing award of the Army Commendation Medal; copies of two certificates of achievement, one of which is dated 27 March 1995; a copy of a certificate of participation, dated 25 December 1993; and several photographs of Soldiers and foreign currency, in support of his request. 

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 he enlisted in the Regular Army for a period of 2 years and 24 months on 15 August 1991.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 31U (Signal Support Systems Specialist).  He also executed a 2-year reenlistment on 30 June 1993 and a 4-year reenlistment on 29 March 1994.  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.  

3.  The applicant’s records also show he was honorably discharged on 28 April 1995.  The DD Form 214 he was issued shows he completed 3 years, 8 months, and 14 days of creditable active military service.  This form also shows the following entries:

	a.  item 12f (Foreign Service) shows the entry “0000  00  00”; 

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Grenade Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Air Assault Badge.  Item 13 does not show award of the Army Achievement Medal, the Army Commendation Medal, and/or the Meritorious Service Medal; and

	c.  item 18 (Remarks) does not list any service in Somalia or Haiti.

4.  Item 5 (Overseas Service) of the applicant’s DA Form 2-1 (Personnel Qualification Record) shows he began his service in Somalia on 3 September 1993; however, item 5 does not list a return date.  Additionally, item 5 does not list any service in Haiti. 

5.  Item 9 (Awards, Decorations, and Campaigns) of the applicant’s DA Form 2-1 does not show awards of the Army Achievement Medal, the Army Commendation Medal, and/or the Meritorious Service Medal.

6.  The applicant’s records do not contain permanent orders awarding him the Army Achievement Medal and/or the Meritorious Service Medal.

7.  Headquarters, 507th Combat Support Group, Permanent Orders Number   50-120, dated 20 December 1993, show the applicant was awarded the Army Commendation Medal for meritorious service during the period 5 September 1993 through 16 December 1993.  The DA Form 638 shows the following achievements: 

	a.  Achievement Number 1 shows the applicant was responsible for maintaining 100 percent communication accountability and maintenance throughout Operation Continue Hope;

	b.  Achievement Number 2 shows the applicant established communications with battalion within 24 hours and established communications with seven different area of operations within 72 hours during Operation Continue Hope; and

	c.  Achievement Number 3 shows the applicant deployed to Somalia without a communication NCOIC (Noncommissioned Officer in Charge) and took charge and accomplished all missions.

8.  The applicant submitted an undated certificate of achievement presented to him in recognition of his outstanding contributions to Operation Continue Hope and the Somali people, and a certificate of appreciation, dated 25 December 1993, that shows he deployed to Somalia as a member of the 561st Support Battalion (Corps) in support of the United Nations operations in Somalia.  

9.  The applicant submitted a certificate of achievement, dated 27 March 1995, that shows he was a member of Joint Task Force (JTF) Haiti during Operation Uphold Democracy. 

10.  Army Regulation (AR) 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 is entered in Item 12f and is obtained from the Soldier’s records. The “Remarks" block of the DD Form 214 is used for mandatory requirements when a separate block is not available.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD – YYYMMDD).”


11.  AR 600-8-22 (Military Awards) provides, in pertinent part, that:

	a.  the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award.  The regulation also provides that there is no automatic entitlement to an award upon departure either from an assignment or from the service;

	b.  the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required; and

	c.  the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.






DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should list his service in Somalia and Haiti as well as awards of the Army Achievement Medal, the Army Commendation Medal, and the Meritorious Service Medal.

2.  With respect to award of the Army Commendation Medal, permanent orders awarded the applicant the Army Commendation Medal for meritorious service during the period 5 September 1993 through 16 December 1993 which is not shown on his records; therefore, he is entitled to correction of his records to show this award.  

3.  With respect to award of the Army Achievement Medal and the Meritorious Service Medal, there is no evidence in the available records and the applicant did not provide any evidence that shows he was awarded either medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Meritorious Service Medal and the Army Achievement Medal.  Therefore, there is insufficient evidence to grant the applicant the requested relief. 

4.  However, while the available evidence is insufficient for awarding the applicant the Meritorious Service Medal and/or the Army Achievement Medal, this in no way affects his right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

5.  With respect to the applicant’s service in Somalia, the applicant’s DA Form 638 shows he was awarded the Army Commendation Medal for his service in Somalia from 5 September 1993 to 16 December 1993 during Operation Continue Hope.  His departure date is consistent with the date shown on his DA Form 2-1 and his return date is nearly consistent with the date shown on his certificate of participation.  Therefore, there is sufficient evidence to show he completed 3 months and 11 days of foreign service in Somalia from 5 September 1993 to 16 December 1993 and is entitled to correction of his records to show this period of foreign service.

6.  With respect to the applicant’s foreign service in Haiti, the certificate of achievement, dated 27 March 1995, shows he served in Haiti; however, the exact dates of departure and return cannot be determined.  In the absence of documentary evidence that shows the specific dates of his deployment (day, month, and year), there is insufficient evidence to grant the applicant the requested relief.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry “0000  00  00” from item 12f of the applicant’s DD Form 214 and adding the entry “0000  03  11”; 

	b.  adding award of the Army Commendation Medal to item 13 of the applicant’s DD Form 214; and 

	c.  adding the entry “Service in Somalia from 19930905 to 19931216.” 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to foreign service in Haiti and award of the Army Achievement Medal and the Meritorious Service Medal. 



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      _______ _   _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080019208





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ABCMR Record of Proceedings (cont)                                         AR20080019208



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