IN THE CASE OF:

		BOARD DATE:	  8 September 2015

		DOCKET NUMBER:  AR20150000352 


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 award of the United Nations Medal and the Armed Forces Expeditionary Medal. 

2.  The applicant states she believes she is entitled to those medals because she served in Somalia in support of Operation Restore Hope from 21 January 1993 to 27 May 1993. 

3.  The applicant provides:

* Headquarters, Department of the Army General Orders (GO) Number 2014-73, dated 21 November 2014 
* Certificate of Appreciation 

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's records show she enlisted in the Regular Army on 21 August 1991 and she held military occupational specialty 36L (Shortwave System Operator/Maintainer).  

3.  Following completion of her training, she was reassigned to the 516th Signal Company, Fort Huachuca, AZ, around June 1992.  She served in Somalia from 21 January 1993 to 27 May 1993.  

4.  She also served in Panama from 27 July 1993 to 29 September 1995.  She was credited with an overseas tour.  She was assigned to the 154th Signal Battalion. 

5. On 1 August 1995, her application for a hardship discharge was approved.  Accordingly, she was honorably released from active duty on 10 October 1995. Her DD Form 214 shows in:

* item 12f (Foreign Service), the entry "0002-06-10"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the:

* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Humanitarian Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

* item 18 (Remarks) shows the entry "Service in Somalia 19930121-19930527" 

6.  GO Number 2014-73, dated 21 November 2014, awarded campaign participation credit to multiple units that served in support of Operations Restore Hope and United Shield, from 5 December 1992 to 31 March 1995.  The 516th Signal Company is listed among the units. 

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

	a.  The Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes participation in Operation Restore Hope and Operation United Shield in Somalia from 5 December 1992 through 31 March 1995.

	b.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

8.  Army Regulation 600-8-22 also states: 

	b.  The United Nations Medal was established by the Secretary General of the United Nations and authorized under Executive Order (EO) 11139, 7 January 1964, as amended by EO 13286, 28 February 2003.  U.S. Service members who are or have been in the service of the United Nations in operations designated by the Secretary of Defense may accept the United Nations Medal when awarded by the Chief of the United Nations mission.  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.  Table 9–1 contains an updated list of DOD approved United Nations Medals approved by the Office of the Under Secretary of Defense through 30 September 2011.  The United Nations operation in Somalia for the period 24 April 1992 to 31 March 1995 is listed as an approved mission or action. 

	b.  The senior representative of the Secretary General who makes the award normally makes presentation of the United Nations Medal in the field.  Approval authority to accept and wear the United Nations Medal for service members of the Armed Forces of the United States is the Secretary of Defense.  When presentation is not accomplished, any person who believes he or she is eligible for award may submit a request for award with copies of substantiating documents to Commander, U.S. Army Human Resources Command, Awards and Decorations Branch (AHRC–PDP–A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122–5408.  The Awards and Decorations Branch, will forward each 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.  The applicant served in Somalia from 21 January 1993 to 27 May 1993.  This period of service in Somalia qualifies her for award of the Armed Forces Expeditionary Medal and correction of her DD Form 214 to show it.

2.  The applicant served in Panama and received overseas tour credit.  This period of service in Panama qualifies her for award of the Overseas Service Ribbon and correction of her DD Form 214 to show it.

3.  Her request for award of the United Nations Medal is not within the purview of this Board.  If and when the applicant is awarded this medal, she may reapply to this Board to add it to her DD Form 214.  Any person who believes he or she is eligible for the United Nations Medal may submit a request for award with copies of substantiating documents to Commander, U.S. Army Human Resources Command, Awards and Decorations Branch (AHRC–PDP–A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122–5408.  HRC will forward the request through the Office of Internal Administration, Office of the Assistant Secretary of State for International Organization Affairs, to the United Nations for consideration.  

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 to her DD Form 214 the Armed Forces Expeditionary Medal and Overseas Service Ribbon.

2.  The Board further determined 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 the United Nations 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)                                         AR20150000352





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ABCMR Record of Proceedings (cont)                                         AR20150000352



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