IN THE CASE OF:	  

		BOARD DATE:	    22 June 2010

		DOCKET NUMBER:  AR20090020439 


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 Discharge from Active Duty) to show an additional foreign service credit of 4 months and 14 days; award of the Joint Meritorious Unit Award, the Armed Forces Expeditionary Medal, the Overseas Service Ribbon, the United Nations Service Medal [sic], and an overseas service bar; and his service in Somalia.

2.  The applicant states the foreign service and medals are not annotated on his DD Form 214 for his combat service in Somalia.

3.  The applicant provides no additional documentation 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 military records show he enlisted in the Regular Army in pay grade E-1 on 20 February 1991 for 4 years.  He completed training and was awarded military occupational specialty 68N (Avionic Mechanic).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II), item 5 (Overseas Service), shows he served in Honduras from 23 October 1994 through 22 July 1995, a period of 9 months.

4.  The applicant was honorably released from active duty in pay grade E-4 on 19 February 1997 and was transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows he completed 6 years of creditable active service.  This form further shows the following entries:

	a.  Item 12f (Foreign Service) shows a credit of 9 months of foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) lists the following awards:  the Army Lapel Button, the Army Good Conduct Medal (2nd Award), the National Defense Service Medal, the Humanitarian Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-16), and the Aircraft Crewman Badge.

	c.  Item 18 (Remarks) does not show service in a hostile fire pay/imminent danger pay (HFP/IDP) area.

5.  A staff member of the Defense Finance and Accounting Service, Indianapolis, IN, verified the applicant received HFP/IDP for service in Somalia from 26 April 1993 through 10 September 1993 and in El Salvador (Honduras) from 23 October 1994 through 22 July 1995.

6.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 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.  Qualifying service for this award includes participation in Operation Restore Hope and Operation United Shield in Somalia from 5 December 1992 through 31 March 1995 and service in El Salvador from 1 January 1981 through 1 February 1992.

	b.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  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 for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

	c.  The United Nations Medal is awarded in the name of the Secretary-General of the United Nations to personnel in the service of the United Nations for a period of not less than 6 months with United Nations operations in Somalia (to include U.S. Quick Reaction Force Members).  The United Nations Medal is awarded by the Secretary-General of the United Nations and is categorized as a non-U.S. service medal.  The certificate issued by the United Nations constitutes award of the United Nations Medal.  Participation in the operation does not automatically qualify the individual for the United Nations Medal and the service member must have been presented the medal by a representative of the Secretary-General.

7.  DOD 1348.33-M (Manual of Military Decorations and Awards) provides that the Joint Meritorious Unit Award is awarded in the name of the Secretary of Defense and is intended to recognize joint units and activities for meritorious achievement or service, superior to that which is normally expected.  All joint units and activities are eligible for award of the Joint Meritorious Unit Award in recognition of exceptionally meritorious conduct in the performance of outstanding service.  However, a unit's or activity's outstanding accomplishment of its normally assigned and expected mission is not in and of itself sufficient justification for award approval.  Instead, qualifying achievements must be superior to that which is expected under one of the following conditions and should be operational in nature:  (1) during action in combat with an armed enemy of the United States, (2) in a declared national emergency situation, or (3) under extraordinary circumstances that involve National interests.  The Joint Meritorious Unit Award shall not be awarded to any DOD activity that has received any other unit award for the same achievement or period of service.

8.  Army Regulation 670-1 (Uniforms and Insignia), then in effect, governed the requirements for the overseas service bar.  It specified a bar was authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate DA message.  One overseas service bar was authorized for each 6-month period of Federal service outside the continental limits of the United States.

9.  Army Regulation 635-5 (Separation Documents), then in effect, specified a DD Form 214 would be prepared for individuals who were retired, discharged, or released from active duty.  It stated foreign service performed during the period covered by the DD Form 214 would be entered in item 12f.  The regulation also stated the amount of foreign service would be taken from the Soldier's DA Form 2-1, or, if necessary, verified from the Soldier's military personnel records jacket.  Item 18 would list the country and dates of deployment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 does not correctly reflect his 4 months and 14 days of foreign service credit in Somalia or that he served in Somalia.

2.  The evidence of record shows the applicant was credited with 6 years of creditable active service, of which 9 months was foreign service.  He completed 9 months of foreign service in Honduras from 23 October 1994 through 22 July 1995 and 4 months and 16 days in Somalia from 26 April 1993 to 10 September 1993, for a total of 1 year, 1 month, and 16 days of foreign service.  Therefore, he is entitled to correction of item 12f of his DD Form 214 to show completion of 1 year, 1 month, and 16 days of foreign service.

3.  The evidence also confirms he completed two periods of service in an HFP/IDP area.  He served in Honduras from 23 October 1994 through 22 July 1995 and he served in Somalia from 26 April 1993 to 10 September 1993.  Therefore, he is also entitled to correction to item 18 of his DD Form 214 to read: 
"SERVICE IN SOMALIA FROM 19930426-19930910" and "SERVICE IN HONDURAS FROM 19941923-19950722."

4.  The Armed Forces Expeditionary Medal is awarded for qualifying service for participation in Operation Restore Hope and Operation United Shield in Somalia from 5 December 1992 through 31 March 1995 and service in El Salvador from 1 January 1981 through 1 February 1992.  He completed 4 months and 16 days of service in Somalia from 26 April 1993 to 10 September 1993 which is a qualifying period for award of the Armed Forces Expeditionary Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  He requested award of the United Nations Service Medal; however, based on his period of service it is reasonable to believe he meant the United Nations Medal.  The evidence shows he served in Somalia from 26 April 1993 to 10 September 1993, a period of 4 months and 16 days.  The United Nations Medal was awarded for a period of not less than 6 months with United Nations 
operations in Somalia and a certificate issued by the United Nations constitutes award of the United Nations Medal.  He did not serve a qualifying period for this award and he did not submit a certificate issued by the United Nations constituting award of the United Nations Medal.  Therefore, he is not entitled to the award and its addition to his DD Form 214.

6.  The applicant served in Honduras for a period of 9 months and was awarded an Overseas Service Ribbon which is shown on his DD Form 214.  There is no evidence he completed a second overseas tour that would have qualified him for a second award.  Therefore, he is not entitled to a second award.

7.  There is no effective relief for addition of an overseas service bar to his DD Form 214 as it is an item of clothing and not governed by pertinent regulations for addition to an individual's DD Form 214.

8.  The Joint Meritorious Unit Award, it is awarded to recognize joint units and activities for meritorious achievement or service superior to that which is normally expected.  In the absence of his unit of assignment and conclusive evidence his unit was awarded the Joint Meritorious Unit Award, there is insufficient evidence to list it on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X____ ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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.  amending item 12f of the applicant's DD Form 214 to show a total credit of 1 year, 1 month, and 16 days of foreign service;

	b.  amending item 18 of his DD Form 214 to show the entry "SERVICE IN SOMALIA FROM 19930426-19930910" and "SERVICE IN HONDURAS FROM 19941023-19950722";

	c.  adding to item 13 of his DD Form 214 the Armed Forces Expeditionary Medal; and

	d.  providing him a corrected separation document that includes these corrections.

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 award of the Joint Meritorious Unit Award, second award of the Overseas Service Ribbon, an overseas service bar, and the United Nations Medal and their addition 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)                                         AR20090020439



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ABCMR Record of Proceedings (cont)                                         AR20090020439



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