IN THE CASE OF:	  

		BOARD DATE:	  24 August 2010

		DOCKET NUMBER:  AR20090021920 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of her awards to include the Australian Parachutist Wings, three awards of the National Defense Service Medal, Korea Defense Service Medal, United Nations Mission in Haiti Medal, Republic of Korea War Service Medal, and the Cold War Certificate.  

2.  The applicant states that if she earned the medals, awards, and ribbons, then they should be listed on her DD Form 214.

3.  The applicant provides, in support of her application, copies of her DD Form 214, ending on 1 July 2003; Jumps-Army Leave and Earnings Statements (LES's) for February through May 1991 and for February through August 1998; message announcement for award of the Armed Forces Service Medal; citation for award of the Joint Meritorious Unit Award, dated 31 July 1998; Army Commendation Medal certificate, dated 7 December 1999; and a memorandum with enclosures authorizing the acceptance and wear of the Australian Parachutist Wings.

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 has requested award of the Cold War Recognition Certificate.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The Cold War Recognition System home-page at https://www.hrc.army.mil/site/active/TAGD/coldwar.default.htm announces the program and provides instructions for individual requests.  Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings. 

3.  On 2 January 1991, the applicant was ordered to active duty for training (ADT) from the U.S. Army Reserve (USAR).  She completed her training and was awarded military occupational specialty 71L (Administrative Specialist).  On 4 May 1991, she was released from ADT and transferred to the 329th Adjutant General Company (Postal), located in St. Paul, Minnesota.  She had attained the rank of specialist, pay grade E-4, and had completed 4 months and 3 days of ADT.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214, ending on 4 May 1991, lists her awards as the Army Service Ribbon and the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  On 25 June 1995, the applicant, then a first lieutenant, pay grade O-2, Judge Advocate General's Corps, entered active duty as a USAR officer.  She was promoted to captain, pay grade O-3, on 1 February 1996.

6.  The applicant's DA Forms 67-9 (Officer Evaluation Report) for the periods from 1 October 1997 to 21 January 1998 and  22 January to 21 July 1998, report that she deployed to Haiti for a period of 6 months, performing duty as the sole legal adviser for the United States Support Group - Haiti.

7.  On 31 July 1998, the Chairman of the Joint Chiefs of Staff awarded Headquarters, United States Support Group - Haiti, the Joint Meritorious Unit Award for the period from 1 March 1996 to 31 December 1997.  The applicant provided a citation showing that this unit's award of the Joint Meritorious Unit Award  but did not attach a list of qualifying personnel.

8.  On 1 July 2003, the applicant was released from active duty and transferred to the USAR Control Group (Reinforcement).  She had completed a total of 
8 years, 11 months, and 10 days of creditable active duty service.

9.  Item 13 of her DD Form 214, ending on 1 July 2003, lists her awards as the Armed Forces Service Medal, Meritorious Service Medal, Joint Service Commendation Medal, Army Commendation Medal (four awards), Army Achievement Medal, Army Reserve Components Achievement Medal, National Defense Service Medal (two awards), Humanitarian Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon (two awards), and the Parachutist Badge.

10.  The applicant provided a memorandum from the Chief, Actions Branch, Special Operations Command, Fort Bragg, North Carolina, dated 6 May 1997, wherein she was identified as being authorized to accept and wear Australian Parachutist wings.  Enclosed with this memorandum was a certificate of training for the Parachute Training School, Australian Army, and a notice of authorization stating that the bearer was awarded Australian Parachutist Wings.

11.  The applicant provided a message, date/time group 101927Z October 1997, announcing award of the Armed Forces Service Medal for one to three operations in Haiti during the period from 1 April 1995 through a date to be determined.  She did not provide a list of authorized units or qualifying personnel.

12.  The applicant's LES's from 1 Jan 1998 to 31 August 1998 indicate that she received hostile fire pay.

13.  The applicant provided a certificate, indicating that Permanent Orders 341-006, dated 7 December 1999, had awarded her the Army Commendation Medal, for the period from 5 January 1999 to 4 January 2000, while assigned to Headquarters and Headquarters Company, 2nd Infantry Division, located in the Republic of Korea.

14.  Army Regulation 600-8-22 states:

	a.  the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense;

	 b.  the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 
11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal;

	c.  the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953; and  

	d.  the United Nations Medal is awarded to U.S. service members who are or have been in the service of the United Nations in operations designated by the Secretary of Defense.  The eligibility criteria for award of the United Nations Medal requires that an individual serve under the operational or tactical control of the United Nations and serve a minimum of 90 consecutive days in the service of the United Nations. The United Nations Mission in Haiti has been approved for acceptance and wear of this medal.

16.  Army Regulation 635-5 (Separation Documents), provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that all decorations, medals, badges, citations and campaign ribbons awarded or authorized, for all periods of service, are to be entered in Item 13. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show all of her awards to include three awards of the National Defense Service Medal, the Australian Parachutist Wings, Korea Defense Service Medal, United Nations Mission in Haiti Medal, and the Republic of Korea War Service Medal.  

2.  The available evidence shows that the applicant only served on active duty during two qualifying periods for award of the National Defense Service Medal.  Therefore, her request for a third award should be denied.  

3.  The available evidence clearly shows that the applicant was awarded and authorized to accept and wear the Australian Parachutist Wings.  Therefore, this badge should be shown on her DD Form 214.

4.  The available evidence clearly shows that the applicant served during a qualifying period for award of the Korea Defense Service Medal.  Therefore, this award should be shown on her DD Form 214. 

5.  There is no evidence showing that the applicant served in the Republic of Korea from June 1950 to July 1953.  Therefore, her request for award of the Republic of Korea War Service Medal should be denied.

6.  The applicant's DD Form 214, ending on 4 May 1991, shows she was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, this badge should be shown on her DD Form 214 ending on 1 July 2003.  

7.  The available evidence clearly shows that the applicant's unit was awarded the Joint Meritorious Unit Award.  Therefore, this award should be shown on her DD Form 214.

8.  The available evidence shows that the applicant was deployed to Haiti for a 
6-month period commencing on or about 1 October 1997, for duty with the United States Support Group - Haiti, under the control of the United Nations.  Therefore, her DD Form 214 should be corrected to show award of the United Nations Medal for her service in support of Haiti.

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
adding the Joint Meritorious Unit Award, United Nations Medal, Australian Parachutist Wings, Korea Defense Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar to her DD Form 214 ending on 1 July 2003.

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, Republic of Korea War Service Medal, and a second bronze service star to be worn on her National Defense Service Medal.




      __________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)                                         AR20090021920



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090021920



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1