IN THE CASE OF:	  

		BOARD DATE:	   14 June 2011

		DOCKET NUMBER:  AR20100023481 


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) for the period ending 3 June 1999 to show the:

* Noncommissioned Officer Professional Development Ribbon (NPDR) with Numeral "2"
* United Nations Medal (UNM) for the United Nations Operation in Somalia (UNOSOM)
* Senior Aircraft Crew Member Badge [now called the Senior Aviation Badge]
* North Atlantic Treaty Organization (NATO) Medal
* Armed Forces Expeditionary Medal (AFEM) with one bronze service star
* Army Achievement Medal (AAM) (2nd Award)

2.  He states:

	a.  he completed the Basic Noncommissioned Officer Course (BNCOC);

	b.  he deployed to Somalia in 1995 as a member of Task Force 4-4th Aviation;

	c.  he held military occupational specialties (MOSs) in career management field (CMF) 67 and 68 beginning in 1980, attained the rank/grade of sergeant (SGT)/E-5, served in supervisory positions, had the Senior Aviation Badge pinned on him by his battalion commander in 1994, and wore the badge until his expiration term of service (ETS);
	d.  he was awarded the NATO Medal for service in Bosnia-Herzegovina in 1999 in support of Operation Joint Forge;

	e.  he is eligible for the AFEM for service in Somalia and the former Republic of Yugoslavia (FRY); and

	f.  two AAMs are not listed.

3.  He provides 18 documents identified in the Supporting Documents Information section 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 requested that the NATO Medal be added to his DD Form 214. His DD Form 214 for the period ending 3 June 1999 shows (in Item 18 (Remarks)) he was awarded the NATO Medal.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army (RA) on 27 May 1980 and was honorably released from active duty on 26 May 1983.  He enlisted again in the RA on 25 August 1987 and he was honorably discharged on 14 September 1997.

4.  After his discharge from the RA, he continued his service in the U.S. Army Reserve (USAR).  He provides a DD Form 214 showing he was mobilized on 11 October 1998 and he was honorably released from active duty on 3 June 1999.  He completed a total of 13 years, 8 months, and 13 days of creditable active service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 3 June 1999 shows the:

* Army Commendation Medal (ARCOM) (2nd Award)
* Armed Forces Service Medal
* Army Good Conduct Medal (AGCM) (3rd Award)
* National Defense Service Medal
* Southwest Asia Service Medal with 3 bronze service stars
* Armed Forces Reserve Medal with "M" Device
* NPDR
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* NATO Medal
* Kuwait Liberation Medal (Kuwait)
* Kuwait Liberation Medal (Saudi Arabia)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Aircraft Crewman Badge
* Driver and Mechanic Badge with Driver-W Bar

6.  His record includes two DA Forms 1059 (Service School Academic Evaluation Report).  The DA Form 1059, dated 25 May 1989, shows he completed the Primary Leadership Development Course (PLDC) during the period 28 April through 25 May 1989.  The DA Form 1059, dated 16 December 1994, shows he completed BNCOC during the period 4 October through 16 December 1994. 

7.  He provides documents pertaining to his service in Somalia.

	a.  Orders L06-35, issued by Headquarters, III Corps, Fort Hood, TX, dated 10 January 1994, show he was assigned to Joint Support Task Force, Mogadishu, Somalia, and he was to be deployed in support of the 4th Infantry Division Aviation Task Force for a period not to exceed 179 days on or about 11 January 1994.

	b.  An AAM Certificate, dated 12 May 1994, that shows Permanent Orders 03-06, issued by Task Force 4-4th Aviation, awarded him the AAM for meritorious service as an aircraft powertrain repairer in Mogadishu, Somalia, during the period 12 January to 21 February 1994.  

8.  On 16 October 1995, the U.S. Army Personnel Command published guidance for determining eligibility and awarding the UNM for UNOSOM.

	a.  The guidance stated the eligibility criteria for award of the UNM required that an individual had served under the command of a United Nations Force Commander; worn the national or United Nations uniform, including the blue beret; and served a minimum of 90 days under United Nations command.  The eligibility period for the UNM for service in Somalia was 1 May 1993 to 25 March 1994.

	b.  The guidance further stated, as an exception to policy, the Secretary-General of the United Nations had approved award of the UNM for United States units comprising the quick reaction force.  The guidance provided a list of quick-reaction force units that was to be used to identify Soldiers who qualified for the UNM and to be used as the basis for updating their records.  The list includes Task Force 4-4th Aviation.

9.  His record is void of documentation showing he was awarded a second AAM.

10.  The applicant provides two AAM Certificates.  The first is described above in paragraph 8b.  The second shows he was awarded the AAM for meritorious achievement from 11 through 16 June 1990.  This certificate does not show the orders authorizing the award.

11.  His record is void of documentation showing he was awarded the Senior Aviation Badge.  His record also does not show he was on flying status, that his service involved frequent and regular flights, or that his unit commander recommended him for the badge.  

12.  He was awarded MOS 67V (Observation/Scout Helicopter Repairer) effective 26 September 1980 and MOS 68D (Aircraft Powertrain Repairer) effective 15 December 1987.  He was promoted to sergeant/E-5 on 1 April 1991.  

13.  On 6 August 1996, Alpha Detachment, 15th Personnel Services Battalion, Fort Hood, issued Permanent Order 219-117 awarding him the Army Good Conduct Medal (AGCM) (4th Award) for the period 25 August 1993 through
24 August 1996.

14.  The available documentation shows the following with regard to the ARCOM.

	a.  On 24 August 1989, Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, KY, issued Permanent Orders 161-117 announcing award of the ARCOM (First Oak Leaf Cluster) to the applicant for the period 13 January 1987 through 23 July 1989.


	b.  His record contains an ARCOM Certificate showing that on 17 October 1995 the Aviation Brigade, 1st Cavalry Division, published Permanent Orders Number 290-1 awarding him the ARCOM for his achievement on 25 June 1995 when he pulled another Soldier to safety.

	c.  He provides a DA Form 638 (Recommendation for Award) that shows on 21 May 1997, Headquarters, 4th Brigade, 1st Cavalry Division, issued Permanent Order Number 141-1 awarding him the ARCOM (2d Oak Leaf Cluster) for his meritorious service from 1 April 1993 to 22 July 1997.  His record includes the certificate for this award.

15.  Army Regulation 600-8-22 (Military Awards) authorizes permanent award of the Senior Aviation Badge to individuals based upon 7 years of successful performance of flight status.  Soldiers in CMF 67 and CMF 93 (including all
68-series MOSs) may qualify for the Senior Aviation Badge with 10 years experience if they meet the following criteria:  

	a.  only time involving frequent and regular flights will be counted; 

	b.  time served by Soldiers who retain CMF 67 or 93 while performing duties as drill sergeant, recruiter, career counselor, instructor, and equal opportunity advisor will be counted toward this requirement not to exceed 36 months.  The retroactive date for this badge under these criteria is 1 January 1983; 

	c.  displayed complete competence in the principal duty or duties performed leading to this award; 

	d.  attained the grade of E-4 or higher; and 

	e.  be recommended by the unit commander of the unit to which the individual is currently assigned.

16.  Army Regulation 600-8-22 states the NPDR was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.  The NPDR consists of the basic ribbon with numeral devices of 2, 3, or 4, which signify satisfactory 
completion of the respective levels of NCO professional development courses.  Numeral 2 signifies completion of BNCOC.


17.  Army Regulation 600-8-22 states the AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  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.

	a.  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 participation in Operation Joint Forge in the former Republic of Yugoslavia from 21 June 1998 to a date to be determined.

	b.  No more than one medal will be awarded to any one service member.  For each succeeding operation, conducted in a different theater of operations or against a different enemy/armed force, justifying a subsequent award, a bronze service star is worn on the suspension and service ribbon of the medal.

18.  Army Regulation 600-8-22 states the AAM 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.

DISCUSSION AND CONCLUSIONS:

1.  He served in an area of eligibility for the UNM in a unit that was confirmed as being eligible for this award.  However, the available documentation does not show he served in the area of eligibility for 90 days.  An AAM Certificate he provides shows he was recognized for his service in Somalia from 12 January to 21 February 1994.  It appears that these dates also mark his arrival in and departure from Somalia, indicating he served there for 41 days.  In the absence of evidence showing he served under UN command for the required 90 days, there is an insufficient basis for correcting his record to show the UNM.

2.  The record shows he was qualified for award of the Senior Aviation Badge by virtue of his MOS, length of service, and rank.  Unfortunately, the available documentation does not show he was on flying status for the required length of time, that his service involved frequent and regular flights, or that his unit commander recommended him for the badge.  In the absence of this evidence, there is an insufficient basis for correcting his DD Form 214 to show he was awarded this badge.

3.  He provides two AAM Certificates.  One shows the orders authorizing the award; the other does not.  Unfortunately, without evidence that both awards were properly announced in orders, there is an insufficient basis for correcting his record to show both awards.  However, he is entitled to correction of his DD Form 214 for the period ending 3 June 1999 to show one award of the AAM.

4.  He completed the military education required for award of the NPDR with numeral 2.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 3 June 1999 to show the addition of the numeral 2.

5.  He served in Somalia and in the former Republic of Yugoslavia for more than 30 days during a period of eligibility for the AFEM.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 3 June 1999 to show the AFEM with one bronze service star.

6.  He was awarded the AGCM (4th Award).  Therefore, he is entitled to correction of his DD Form 214 for the period ending 3 June 1999 to show the AGCM (4th Award).

7.  His record includes orders showing he was awarded the ARCOM on three occasions.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 3 June 1999 to show he was awarded the ARCOM (3rd Award).

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 from item 13 of his DD Form 214 for the period ending 3 June 1999 the:

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (3rd Award)
* Noncommissioned Officer Professional Development Ribbon

	b.  adding to item 13 of his DD Form 214 for the period ending 3 June 1999 the:

* Army Commendation Medal (3rd Award)
* Army Achievement Medal
* Army Good Conduct Medal (4th Award)
* Armed Forced Expeditionary Medal with one bronze service star
* Noncommissioned Officer Professional Development Ribbon with numeral 2

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 to item 13 of his
DD Form 214 for the period ending 3 June 1999 the Army Achievement Medal
(2d Award), United Nations Medal, and the Senior Aviation Badge.



      __________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)                                         AR20100023481



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ABCMR Record of Proceedings (cont)                                         AR20100023481



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