IN THE CASE OF:	  

		BOARD DATE:	  27 October 2011

		DOCKET NUMBER:  AR20110010229


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 add awards of the:

* Army Commendation Medal (ARCOM)
* Army Achievement Medal (AAM)
* "Somalia Ribbon"
* "Haiti Ribbon"

2.  The applicant states:

* she was awarded the ARCOM and AAM by orders
* she participated in Operation Restore Hope in Somalia
* she participated in Operation Uphold Democracy in Haiti

3.  The applicant provides:

* her DD Form 214
* a DA Form 638-1 (Recommendation for Award) for the ARCOM
* a DA Form 638-1 for the AAM

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 was a Regular Army enlisted Soldier for 4 years from 16 October 1991 through 15 October 1995.  Her DA Form 2-1 (Personnel Qualification Record – Part II) shows:

* service in Somalia from 5 April 1993-7 August 1993
* service in Haiti from 19 September 1994-8 November 1994
* promotions –

* private/E-1 – 16 October 1991
* private/E-2 – 16 April 1992
* private first class/E-3 – 16 October 1992
* specialist (SPC)/E-4 – 1 September 1993

* awards –

* Army Service Ribbon (ASR)
* Humanitarian Service Ribbon (HSM)
* Joint Meritorious Unit Award (JMUA)
* Armed Forces Expeditionary Medal (AFEM) (2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

3.  The applicant's DD Form 214 shows only the following awards:

* JMUA
* National Defense Service Medal
* AFEM (2nd Award)
* HSM
* ASR
* Marksman Marksmanship Qualification Badge with Rifle Bar



4.  The applicant provides the following orders for awards which are also contained in her official military personnel file (OMPF):

* Permanent Order Number 65-4, 10th Division Support Command, Fort Drum, NY, dated 23 September 1993, awarding her the ARCOM
* Permanent Order Number 088-007, 10th Forward Support Battalion, Fort Drum, NY, dated 29 March 1995, awarding her the AAM

5.  Army Regulation 600-8-22 (Military Awards) states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area of operations during specified time periods.  A Soldier who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  The regulation also provides that the AFEM is authorized for the following operations:

* Haiti – Operation Uphold Democracy – 16 September 1994-31 March 1995
* Somalia – Operations Restore Hope/United Shield – 5 December 1992-31 March 1995

6.  Army Regulation 600-8-22 states the Army Good Conduct Medal (AGCM) is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  Instances of disqualification are determined by the unit commander who will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the individual's statement.  If the commander's decision remains the same, the commander will forward his or her statement, the individual's statement, and his or her consideration for permanent filing in the individual's OMPF.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the following awards be added to her DD Form 214:

* ARCOM
* AAM


* "Somalia Ribbon"
* "Haiti Ribbon"

2.  The applicant provides and her OMPF contains orders showing she was awarded the ARCOM and AAM.  These awards should be added to her DD Form 214.

3.  The awards "Somalia Ribbon" and "Haiti Ribbon" do not exist.  Service in Somalia and Haiti during Operations Restore Hope/United Shield and Uphold Democracy are recognized by award of the AFEM.  The applicant's DD Form 214 already reflects two awards of the AFEM.

4.  The applicant should be awarded the AGCM because:

* she served 4 years in the Regular Army
* she was promoted to SPC and was never reduced
* she was awarded the ARCOM and AAM
* she has no disciplinary actions filed in her OMPF
* there is no record of a commander's disqualification in her OMPF

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 is 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:

* awarding her the AGCM for the period 16 October 1991-15 October 1994
* adding the ARCOM, AAM, and AGCM to her DD Form 214



2.  The Board further determined 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 the "Somalia Ribbon" and "Haiti Ribbon."



      ___________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)                                         AR20110010229



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ABCMR Record of Proceedings (cont)                                         AR20110010229



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