IN THE CASE OF:	

		BOARD DATE:	  3 September 2013

		DOCKET NUMBER:  AR20120022895 


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 award of the:

	a.  United Nations Service Medal (i.e., United Nations Medal (UNM)) for his participation in Operation Uphold Democracy in Haiti in 1994;

	b.  Joint Meritorious Unit Award (JMUA) for service with Joint Task Force 180 (JTF 180); and

	c.  JMUA with one oak leaf cluster for service with the Psychological Operations Dissemination (POD) Battalion.

2.  The applicant states he recently learned that service members who served in Operation Uphold Democracy in Haiti are eligible for award of the UNM.  He was part of JTF 180 in Haiti from 20 September to 12 October 1994.  He was issued a blue UN beret at the time.  He was awarded the Purple Heart for an injury he sustained on 9 October 1994 and left country on 12 October 1994 due to being injured.  He also states he was recently made aware that individuals who were part of the units he served in were eligible for award of the JMUA.  In his case, he was a member of JTF 180 during its period of eligibility (from 11 September to 24 October 1994) and the POD Battalion's period of eligibility (from 9 January to 3 March 1995).  Each of these awards were issued after he was released from active duty (REFRAD).


3.  The applicant provides:

* two extracts from the internet showing his units are eligible for the UNM and JMUA
* a Certificate of Achievement
* a DD Form 214
* a DD Form 215 (Correction to DD Form 214)

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.  Having prior enlisted service in the Army National Guard, the applicant enlisted in the Regular Army on 10 April 1992.

3.  A review of his Army Human Resource Record revealed:

	a.  a DA Form 638-1 (Recommendation for Award of Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM)), initiated on 18 December 1994.  This form shows he was recommended for award of the AAM for meritorious achievement from 20 September to 12 October 1994 while serving as part of the Print Dissemination Section, Joint Psychological Task Force in support of the 1st Psychological Operations (PSYOP) Battalion (POB) (Airborne) in Haiti during Operation Uphold Democracy.  His record also contains a DA Form 4980-18 (AAM Certificate) which shows he was awarded the AAM for this achievement by 1st POB, Permanent Order 05-03, dated 7 March 1995.

	b.  a DA Form 4980-14 (ARCOM Certificate) which shows he was awarded the ARCOM for meritorious service while serving as an Offset Press Operator in the POD Battalion from 10 April 1992 through 15 April 1995 by Headquarters, 4th PSYOP Group (Airborne), Permanent Order 68-3, dated 9 March 1995.

	c.  a Letter of Acknowledgment rendered by a first sergeant (1SG) who had served as his platoon sergeant during Operation Uphold Democracy in Haiti.  The 1SG acknowledged the applicant was indeed injured in the line of duty as a result of hostile resistance while there and that he went above and beyond the call of duty to aid in and accomplish the mission to Uphold Democracy.

	d.  a Witness Statement rendered by a sergeant (SGT) who served with the applicant in Haiti.  The SGT recounted the incident during which the applicant sustained his injury while preventing two members of the enemy force from gaining access to their compound.

	e.  no certificate or other documentation showing he was awarded the UNM by the Secretary-General of the United Nations.

4.  On 9 April 1995, the applicant was honorably REFRAD upon the completion of 3 years of net active service.  His DD Form 214 (as corrected by DD Forms 215, dated 25 May 2000 and 11 January 2007) shows in:

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the:

* Purple Heart
* ARCOM
* AAM
* Army Good Conduct Medal
* Humanitarian Service Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Southwest Asia Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Air Assault Badge
* Army Lapel Button

	b.  Item 18 (Remarks), he served in Southwest Asia from 8 July to 12 August 1994.

5.  The applicant provides a Certificate of Achievement awarded to him on 21 February 1995 in recognition of his service during Operation Uphold Democracy as a member of JTF 180 in Haiti.


6.  A review of the Unit Award database maintained by the U.S. Army Human Resources Command (USAHRC) shows the JMUA was awarded to:

	a.  Headquarters, Joint PSYOP Task Force for participation in Operation Uphold Democracy from 11 September to 24 October 1994 by Department of the Army General Order (DAGO) number 14, dated 11 April 1997.

	b.  Detachment, POD Battalion (Airborne) from 9 January to 3 March 1995 by DAGO number 15, dated 11 April 1997. 

7.  Army Regulation 600-8-22 (Military Awards) states the UNM 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 six months with the United Nations Observation Group in Lebanon; the United Nations Truce Supervision Organization in Palestine; the United Nations Military Observer Group in India and Pakistan; the United Nations Security Forces, Hollandia; the United Nations Transitional Authority in Cambodia; the United Nations Advance Mission in Cambodia; the United Nations Protection Force in Yugoslavia; the United Nations Mission for the Referendum in Western Sahara; the United Nations Iraq/Kuwait Observation Group; and the United Nations Operation in Somalia (to include U.S. Quick Reaction Force Members)).  The UNM 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 UNM.  Participation in the operation does not automatically qualify the individual for the UNM, and the service member must have been presented the medal by a representative of the Secretary-General.

8.  Army Regulation 600-8-22 states the Senior Representative of the Secretary-General who makes the award normally makes presentation of the UNM in the field.  Approval authority to accept and wear the UNM to a member of the Armed Forces of the United States is the Secretary of Defense.  When presentation is not so accomplished, any person who believes he or she is eligible for the award may submit a request to Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122 along with a copy of any substantiating documents.  USAHRC will forward each such request through the Office of Internal Administration, Office of the Assistant Secretary of State for International Organization Affairs, to the United Nations for consideration.





DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show award of the UNM and JMUA with one oak leaf cluster were carefully considered and determined to have partial merit.

2.  Evidence clearly shows he was assigned as a member of the Joint PSYOP Task Force while serving in Haiti during the period for which the Task Force was awarded the JMUA.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Evidence shows (and he also states) the applicant was injured in Haiti on 9 October 1994 and left country on 12 October 1994.  Although he was still assigned to the POD Battalion, he was not deployed with the POD Battalion Detachment to Haiti during the period 9 January through 3 March 1995 for which it was awarded the JMUA.  Therefore, he is not entitled to correction of his DD Form 214 to show award of a second award of the JMUA (JMUA with one oak leaf cluster).

4.  The applicant's record is void of any evidence and he has not provided any evidence showing he was awarded the UNM by the Secretary-General of the United Nations.  Therefore, he is not entitled to correction of his DD Form 214 to show this medal at this time.  However, that does not preclude the applicant from submitting a request to the Commander, USAHRC for consideration in accordance with the procedures mentioned in paragraph 8 above. 

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 issuing the applicant a DD Form 214 which both:

	a.  shows award of the JMUA; and

	b.  incorporates the changes documented in his DD Forms 215, dated 25 May 2000 and 11 January 2007.

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 correcting his record to show award of the UNM and a second award of the JMUA.  



      _______ _   _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)                                         AR20120022895





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120022895



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1