IN THE CASE OF:	  

		BOARD DATE: 	        9 June 2009 

		DOCKET NUMBER:  AR20090005378 


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, in effect, reconsideration of his earlier request that his 27 February 1998 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his service in Somalia; and that the Army Good Conduct Medal (AGCM), Army Commendation Medal (ARCOM) and Armed Forces Expeditionary Medal (AFEM) be added to Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214. 

2.  The applicant states, in effect, that when he recently applied for benefits at the Department of Veterans Affairs (DVA), he discovered that his DD Form 214 did not accurately reflect his service in Somalia and did not include the AGCM, ARCOM and AFEM he earned.  

3.  The applicant provides the following documents in support of his application:  DD Form 214; 14th Combat Engineer Battalion Permanent Orders Number 
207-10, dated 25 July 1996; Army Achievement Medal Certificate; Operation Continue Hope Certificate of Participation, dated 25 August 1993; DA Form 2-1 (Personnel Qualification Record), page 3; and newspaper clippings. 


CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080016120 on 4 December 2008.

2.  During its original review of the case, the Board concluded there was insufficient evidence to the applicant's claim that he served in Somalia or in any other overseas area.  

3.  The applicant now provides an AAM certificate as new evidence.  This certificate shows the applicant was awarded the AAM for his exceptionally meritorious service as a petroleum supply specialist during Operation Continue Hope in Somalia during the period 20 May through 1 August 1993, and that this award was authorized and announced in 260th Quartermaster Battalion Permanent Orders Number 06-11, dated 20 August 1993.  He also provides an Operation Continue Hope Certificate of Participation, dated 25 August 1993, which he received based on his dedicated service while deployed to Somalia in support of Operation Continue Hope.

4.  The applicant further provides 14th Combat Engineer Battalion Permanent Orders Number 207-10, dated 25 July 1996, which awarded him the AGCM for his qualifying period of honorable active duty service from 2 February 1993 through 1 February 1996.  

5.  On 27 February 1998, the applicant was honorably discharged, in the rank of sergeant, under the provisions of paragraph 16-5c, Army Regulation 635-200, by reason of non-retention on active duty.  The DD Form 214 he was issued at the time confirms he completed a total of 5 years and 25 days of active military service.  

6.  Item 12f of the applicant's DD Form 214 contains the entry "0000 00 00" which indicates he completed no overseas service during the period covered by the DD Form 214.  Item 13 shows he earned the National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, and Army Service Ribbon during his active duty tenure.


7.  The applicant's Official Military Personnel File (OMPF) is void of any orders or other documents confirming he was ever recommended for or awarded the ARCOM by the proper authority.  

8.  Unlike the previous case, this review of the Defense Finance and Accounting Service (DFAS) pay record did confirm the applicant received hostile fire pay/imminent danger pay (HFP/IDP) for Somalia during the period 1 May 1993 through 30 September 1993.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  

10.  Chapter 2 of the separation documents regulation contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other documents authorized for filing in the OMPF.  

11.  Chapter 2 of the separation documents regulation also contains item-by-item instructions for completing the DD Form 214.  The instructions for Item 12f state that all overseas service completed during the period covered by the DD Form 214 will be entered.  The instructions for Item 13 state that all awards earned during all periods of service will be entered.  The instructions for Item 18 (Remarks) state, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service covered by the DD Form 214, the following entry will be made:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD".

12.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 1 contains guidance on processing award recommendations.  It states, in pertinent part, that individual awards will be submitted on a DA Form 638 (Recommendation for Award) and they will be approved by the appropriate awards approval authority.  It further states, in pertinent part, that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  


13.  Paragraph 2-12 of the awards regulation contains guidance on the AFEM.  It provides, in pertinent part, that the AFEM 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 participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  The AFEM is authorized for service in the Somalia Operations Restore Hope and United Shield for the period 
5 December 1992 through 31 March 1995.  The United States Army Human Resources Command (HRC), Military Awards Branch, has advised that Operation Continue Hope was not an authorized operation for award of the AFEM.

14.  Paragraph 3-17 of the awards regulation contains guidance on award of the ARCOM.  It states, in pertinent part, that the ARCOM is 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, distinguishes himself or herself by heroism, meritorious achievement or meritorious service.  Award may be made to a member of the Armed Forces of a friendly foreign nation who, after 1 June 1962, distinguishes himself or herself by an act of heroism, extraordinary achievement, or meritorious service which has been of mutual benefit to a friendly nation and the United States.  Individual awards of the ARCOM must be recommended on a DA Form 638 (Recommendation for Award) and must be approved by the proper awards approval authority.  

15.  Paragraph 3-18 of the awards regulation contains guidance on award of the AAM and states, in pertinent part, that the AAM is awarded to any member of the Armed Forces of the United States, or to any member of the Armed Forces of a friendly foreign nation, who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the ARCOM.  The AAM must also be recommended on a DA Form 638 and approved by the proper awards approval authority.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his Somalia service should be properly documented on his DD Form 214 was carefully considered and found to have merit.  The evidence of record confirms the applicant served in Somalia, in support of Operation Continue Hope, from 20 May through 1 August 1993, as evidenced by his AAM and Operation Continue Hope Participation certificates and corroborated by his DFAS pay record.  As a result, it would be appropriate to correct Item 12f and Item 18 of DD Form 214 accordingly.

2.  The applicant's contention that the AGCM should be added to his DD Form 214 was also carefully considered and found to have merit.  The evidence of record confirms the applicant was awarded the AGCM for his exemplary behavior, efficiency, and fidelity in active Federal military service during the period 2 February 1993 through 1 February 1996 and that this award was authorized and announced in official orders.  As a result, it would be appropriate to add the AGCM to Item 13 of his DD Form 214 at this time.

3.  The evidence of record further shows that based on his service in Somalia, the applicant received the AAM for his meritorious service as a petroleum supply specialist in support of Operation Continue Hope during the period 20 May through 1 August 1993 and that this award was authorized and announced in official orders, as evidenced by the AAM Certificate he provides.  Therefore, it would also be appropriate to add the AAM to his DD Form 214 at this time.

4.  The applicant's contention that he was awarded the ARCOM and this award should also be added to his DD Form 214 was also carefully considered.  However, his records are void of any orders or other documents showing he was ever recommended for or awarded the ARCOM by proper authority while serving on active duty.  As a result, the regulatory burden of proof necessary to support award of the ARCOM or to add this award to his record has not been satisfied in this case.

5.  The applicant's contention that he should receive the AFEM for his service in support of Operation Continue Hope in Somalia was also considered.  However, Operation Continue Hope was not an operation that was authorized award of the AFEM, as evidenced by the awards regulation guidance for award of the AFEM and by HRC, Military Awards Branch officials.  Therefore, given there are no regulatory provisions for awarding the AFEM for Operation Continue Hope, there is an insufficient evidentiary basis to support granting this portion of 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 partial amendment of the ABCMR’s decision in Docket Number AR20080016120, dated 4 December 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 
27 February 1998 DD Form 214 as follows:  
      
      a.  Item 12f - deleting the current entry and adding the entry "0000 02 11";
      
      b.  Item 13 - adding the Army Good Conduct Medal and Army Achievement Medal; 
      
      c.  Item 18 - adding the entry "SERVICE IN SOMALIA 19930520-19930801"; and 
      
      d.  providing him a correction to his DD Form 214 that includes these changes.

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 adding the Army Commendation Medal and Armed Forces Expeditionary Medal to his DD Form 214.  




      ___________X______________
                 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)                                         AR20090005378



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ABCMR Record of Proceedings (cont)                                         AR20090005378



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