IN THE CASE OF:	  

		BOARD DATE:	  4 June 2014

		DOCKET NUMBER:  AR20130014771 


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 add the:

* United Nations Medal (UNM) Somalia (listed on his application as the United Nations Service Medal (UNM) which was awarded for service in Korea)
* Combat Infantryman Badge (CIB)
* Overseas Service Bar
* Overseas Service Ribbon (OSR)
* Cold War Certificate

2.  The applicant states he served with the 1st Battalion, 22nd Infantry in Somalia and he is entitled to receive all recognition and awards associated with that campaign.  These awards are not listed on his DD Form 214 because his unit received orders after he transferred to another unit.  In addition, he contends that he returned for a second tour in Somalia on 13 August 1993.

3.  The applicant provides the lineage and honors for the 1st Battalion, 22nd Infantry from an unknown source.

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 enlisted in the Regular Army on 16 October 1991 and he held military occupational specialty (MOS) 11B (Infantryman).  Upon the completion of training he was assigned to Company B, 1st Battalion, 22nd Infantry, Fort Drum, NY, for the period 7 February 1992 to 9 November 1993.

3.  He was discharged from active duty on 10 November 1993.  His DD Form 214 shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Service Ribbon
* National Defense Service Medal 
* Humanitarian Service Medal
* Armed Forces Expeditionary Medal
* Joint Meritorious Unit Award

4.  Item 18 (Remarks) of his DD Form 214 shows he served in Somalia for the period 4 April 1993 to 13 August 1993 (4 months and 10 days).

5.  His record contains a DA Form 4856 (General Counseling Form), dated 
5 January 1993.  This monthly performance counseling indicates that the applicant was scheduled for deployment to Somalia but instead he was assigned to Griffis Air Force Base, Rome, NY.  His record is void of documents showing he completed a second deployment to Somalia.

6.  His records do not contain permanent orders awarding him the CIB.

7.  He provides a list of veteran's medals and awards for the 1st Battalion, 22nd Infantry (unknown source).

8.  Army Regulation 600-8-22 (Military Awards) prescribes the policy on Army awards and decorations.

	a.  The CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  The CIB is authorized for award for qualifying service in Somalia from 5 June 1992 to 31 March 1994; however, all other requirements must be met.

	b.  The UNM 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 Operations in Somalia for United Nations missions/operations have been approved for acceptance and wear.

	c.  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 made in the field, any person who believes he or she is eligible for the award may submit to U.S. Army Human Resources Command (HRC), AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122, and a request for such award with 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.

	d.  The OSR is awarded for successful completion of overseas tours.  Appendix Q of the Joint Federal Travel Regulation (JFTR) states the tour length for service in an unaccompanied area is 24 months.

9.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 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.  Individuals may submit a request in writing to Commander, USAHRC, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. 

10.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each 6-month period of Federal service as a member of a U.S. Service in Somalia, from 
5 December 1992 to 31 March 1995.  There is no provision to list this uniform insignia on the DD Form 214.



DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to add the UNM-Somalia, CIB, Overseas Service Bar, OSR, and Cold War Certificate.

2.  The applicant's service in Somalia is not in question; however, regulatory guidance requires that requests for award of the UNM-Somalia must be directed to HRC.  As such, this Board will not consider a request to correct a record when all other administrative remedies have not been exhausted.

3.  His records do not contain permanent orders awarding him the CIB.  Additionally, without any evidence that shows he was personally present and under hostile fire actively engaged in ground combat with the enemy while assigned to the 1st Battalion, 22nd Infantry, there is insufficient evidence upon which to base award of the CIB in this case.

4.  There is no effective relief for addition of an overseas service bar to his DD Form 214 as it is an item of clothing and not governed by applicable regulations for addition to an individual's DD Form 214.

5.  The evidence of record shows he completed 4 months and 10 days of service in Somalia and he was not credited with completing a normal overseas tour.  Therefore, he is not entitled to award of an OSR.

6.  There is no regulatory provision for adding the Cold War certificate to the awards listed on the DD Form 214.  It would be inappropriate to add this certificate.

7.  In view of the foregoing, his request should be denied.

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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ___________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)                                         AR20130014771





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ABCMR Record of Proceedings (cont)                                         AR20130014771



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