IN THE CASE OF:	  

		BOARD DATE:	  13 November 2014

		DOCKET NUMBER:  AR20140006276 


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 his service in Somalia and the United Nations Medal (UNM).

2.  The applicant states he served in Somalia from 28 October 1993 to 11 March 1994 but his DD Form 214 does not reflect his service in Somalia or the UNM.

3.  The applicant provides a DD Form 214, DA Form 2-1 (Personnel Qualification Record) reviewed on 25 June 2012, Noncommissioned Officer Evaluation Report, reassignment orders, Army Commendation Medal and Army Achievement Medal certificates, two DA Forms 638-1 (Recommendation for Award), Certificate of Appreciation, and a Joint Task Force Somalia Equator Crossing Certificate.  

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 27 May 1981.  

3.  His DA Form 2-1, reviewed on 8 February 1995, shows he served in Somalia from 28 October 1993 to 11 March 1994.  Item 9 (Awards, Decorations, and Campaigns) of the DA Form 2-1 does not show the UNM.

4.  There is no evidence in his military records, such as certificates, orders, or memoranda, that show he was recommended for or awarded the UNM.  

5.  He was released from active duty on 28 February 1995 and transferred to the U.S. Army Reserve (USAR).  His DD Form 214 does not include the UNM as an authorized award and it does not reflect his service in Somalia in block 
18 (Remarks).  

6.  He continued his service in the USAR until his transfer to the Retired Reserve on 29 May 2014.

7.  He provides a DA Form 2-1, reviewed on 25 June 2012, which includes the UNM as an authorized award in item 9.  He also provides several documents that confirm his service in Somalia; however, these documents do not show he was awarded the UNM.  

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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 6 months with, among other United Nations operations, the United Nations operation in Somalia.  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.

	b.  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 (USAHRC), 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.

9.  Army Regulation 635-5 (Separation Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It provided standardized policy for preparation of the DD Form 214 and stated that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in block 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the UNM and to show his service in Somalia has been carefully considered.  

2.  The evidence of record confirms he served in Somalia from 28 October 1993 to 11 March 1994; however, this service was not recorded on his DD Form 214.  Therefore, his DD Form 214 should be corrected to reflect his service in Somalia.

3.  The applicant's record is void of evidence showing he was awarded the UNM by the Secretary-General of the United Nations.  In the absence of evidence such as certificates or orders awarding him the UNM, the entry in item 9 of his 
DA Form 2-1 that shows the UNM is insufficient evidence on which to base adding this award to his DD Form 214 at this time.  However, that does not preclude him from submitting a request to the Commander, USAHRC, for consideration in accordance with the procedures mentioned in paragraph 
8b 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 adding the entry "SERVICE IN SOMALIA 19931028-19940311" in block 18 of his DD Form 214.

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 his DD Form 214 the UNM.  




      _______ _   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)                                         AR20140006276



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ABCMR Record of Proceedings (cont)                                         AR20140006276



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