IN THE CASE OF:
BOARD DATE: 12 February 2015
DOCKET NUMBER: AR20140010626
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) for the period ending on 30 April 1995 to show the Armed Forces Expeditionary Medal (AFEM).
2. He states he served in Somalia from 15 January 1993 to 12 May 1993 in support of Operation Restore Hope, but did not receive the medal.
3. He provides:
* Excerpts from Army Regulation 600-8-22 (Military Awards)
* Orders 005-19, dated 12 January 1993
* Certificates of Appreciation, dated 12 May 1993 and undated
* Medical record document
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 (RA) on 8 August 1974 and was honorably released from active duty on 5 August 1977. He reentered the RA on 25 April 1978. He served in Somalia from 15 January 1993 to 22 March 1993. On 30 April 1995, after a series of reenlistment options, he was retired and credited with 20 years and 5 days of active duty service.
3. His DD Form 214 shows the:
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (5th Award)
* National Defense Service Medal (NDSM)
* Noncommissioned Officer's Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar
4. There is no entry in item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) showing he was awarded the AFEM.
5. The applicant provided:
a. Orders 005-19, dated 12 January 1993, which show he was scheduled to deploy to Somalia in support of Operation Restore Hope. His will proceed date was listed as 15 January 1993.
b. A Certificate of Appreciation, dated 12 May 1993, commending him for Military Affiliate Radio System (MARS) participation in Operation Restore Hope.
c. A Certificate of Appreciation, undated, presented to him in recognition for his outstanding contributions to Operation Restore Hope and the Somali people.
6. Army Regulation 600-8-22 provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments. It states:
a. The AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.
b. Table 2-3 lists operations for which the AFEM is authorized. The AFEM was authorized for service in Somalia, Operation Restore Hope from 5 December 1992 to 31 March 1995.
c. The NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Second and subsequent awards of the NDSM are denoted by a bronze service star affixed to the NDSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records verify that he served in Somalia in support of Operation Restore Hope for more than 30 consecutive days. Therefore, he is entitled to award of the AFEM and correction of his DD Form 214 to show this award.
2. A second or subsequent award of the NDSM is authorized for Soldiers who served in more than one of the four time periods listed as qualifying for this award. The evidence of records shows he served during the periods 1 January 1961 and 14 August 1974 and 2 August 1990 and 30 November 1995. Therefore, he is entitled the NDSM (2nd Award) and correction of his
DD Form 214 to show this award.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from his DD Form 214 the National Defense Service Medal; and
b. adding to his DD Form 214 the National Defense Service Medal (2nd Award) and the Armed Forces Expeditionary Medal.
__________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) AR20140010626
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ABCMR Record of Proceedings (cont) AR20140010626
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