IN THE CASE OF:
BOARD DATE: 27 February 2014
DOCKET NUMBER: AR20130009799
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 reconsideration of his request for award of the Humanitarian Service Medal (HSM) for his service in Somalia.
2. He states he has found a copy of his orders that sent him and his unit to Somalia since the Board's denial of his request for the HSM for his service in Somalia.
3. He provides Headquarters, 1st Infantry Division (Mechanized) and Fort Riley, Permanent Orders 195-00151, dated 14 July 1993.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120012678 on 26 February 2013.
2. The applicant enlisted in the Regular Army on 13 July 1989 and he was trained in and held military occupational specialty 95B (Military Police). On 10 February 1995, he was honorably released from active duty and credited with completing 5 years, 6 months, and 28 days of active service.
3. The applicant provides Headquarters, 1st Infantry Division and Fort Riley, Permanent Orders 195-00151, dated 14 July 1993, which were not previously considered by the Board. These orders show the applicant was directed to perform a temporary change of station (TCS) move as member of his unit in support of the United Nations Operation in Somalia II (UNOSOM II) from 6 August to 22 December 1993.
4. The applicant's military personnel records are void of any evidence to show he actually performed a TCS move to Somalia.
5. Army Regulation 600-8-22 (Military Awards) states the HSM is awarded to members who, after 1 April 1975, distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature. A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operations and within specified time limits, and must provide evidence that substantiates direct participation. Table C-1 shows the operations which were approved by the Department of Defense as qualifying for award of the HSM. There is no such approval for UNOSOM II.
6. Army Regulation 600-8-22 states the United Nations Medal is awarded in the name of the United Nations Secretary-General. 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. It further states the UNOSOM was approved for acceptance and wear of the United Nations 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. Army Regulation 600-8-22 states the Senior Representative of the Secretary-General who makes the award normally makes presentation of the United Nations Medal in the field. The approval authority to accept and wear the United Nations Medal 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 (HRC), ATTN:
AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122, with a copy of any substantiating documents. HRC 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. Even if the applicant performed a TCS move to Somalia in support of UNOSOM II as indicated in his orders, there is no provision for awarding him the HSM for this operation. Therefore, he is not entitled to correction of his records to show award of the HSM for his support during UNOSOM II.
2. However, he may be entitled to award of the United Nations Medal as cited in paragraphs 6 and 7 of this Record of Proceedings and he may submit a request to HRC.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120012678, dated 26 February 2013.
_______ _ __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) AR20130009799
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ABCMR Record of Proceedings (cont) AR20130009799
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