IN THE CASE OF:	    

		BOARD DATE:	  26 May 2015

		DOCKET NUMBER:  AR20140015836 


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 award of the United Nations Medal (UNM).

2.  The applicant states, in effect, he served in Somalia from 24 May to 
7 September 1993 and the orders authorizing the medal came out after he left active duty; consequently, he did not know about them.  He meets the criteria as outline in a message from the U.S. Army Human Resources Command (HRC), dated 2 October 1995.   

3.  The applicant provides copies of the following:

* a 2-page document from the Battalion S-3, 43rd Corps Support Group (CSG), dated 19 February 2013
* a message from the Commander, HRC, dated 16 October 1995, subject: Award of the UNM – UN Operation in Somalia
* Orders 250-002, issued by 507th CSG, Somalia, dated 7 September 1993, with a manifest report of six pages
* DD Forms 214, dated 22 June 1995 and 15 August 1991
* National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service), dated 15 March 1998 and 22 June 1992
* DA Form 2-1 (Personnel Qualification Record – Part II)



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.  On 23 June 1992, the applicant enlisted in the Regular Army after having prior service in the Army National Guard (ARNG).  He held military occupational specialty 88M (Motor Transport Operator) and he was assigned to Fort Campbell, Kentucky. 

3.  Item 5 (Oversea Service) of his DA Form 2-1 shows he served in Somalia from 24 May through 9 September 1993.  Item 9 (Awards, Decorations, and Campaigns) does not show he was awarded or authorized the UNM.

4.  There is no evidence in his military records such as certificates, orders, or memorandum, which shows he is authorized the UNM.  

5.  Defense Finance and Accounting Service records show he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion for service in Somalia from 24 May through 8 September 1993, a period of 3 months and 16 days.  

6.  He was honorably released from active duty on 22 June 1995, after completing 3 years of net active service and he was assigned to a unit of the Tennessee ARNG.  His DD Form 214 reflects the following information:

a. Item 12f (Foreign Service) shows he completed 0 years, 3 months, and 
16 days of foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows award of or authorization for the:

* Army Achievement Medal (2nd Award)
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Noncommissioned Officer's Professional Development Ribbon
* Army Service Ribbon
* Expert Marksmanship Qualification Badge (M-16 Rifle)
* Air Assault Badge
* Driver and Mechanic Badge

	c.  Item 18 (Remarks) does not show any deployment data.

7.  He provides a DA Form 2-1, his separation reports/certificates and several documents that confirm his service in Somalia; however, these documents do not show he was authorized 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, HRC, 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 his service in Somalia and that he was awarded the UNM has been carefully considered.  

2.  The evidence of record confirms he served in Somalia from 24 May to 
8 September 1993; however, this foreign service was not recorded on his 
DD Form 214.  Therefore, his DD Form 214 should be corrected to show this period of foreign service in Somalia.

3.  His record is void of evidence that shows he was authorized the UNM by the Secretary-General of the UN.  In the absence of appropriate evidence, such as a certificate or orders authorizing him the UNM, there is no basis to add this award to his DD Form 214 at this time.  However, that does not preclude him from submitting a request to the Commander, HRC, 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 FROM 19930524-19930908" 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 the UNM to item 13 of his DD Form 214. 



      ___________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)                                         AR20140015836



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