BOARD DATE: 17 December 2015 DOCKET NUMBER: AR20150004097 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her foreign service in Somalia from May to October 1993. 2. The applicant states she was deployed to Somalia with the 493rd CS (Supply and Service Company), Fort Carson, Colorado and she would like this foreign service documented on her DD Form 214. 3. The applicant provides Permanent Orders 009-15, issued by Headquarters, 4th Infantry Division (Mechanized), Fort Carson, Colorado on 14 April 1993. 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 17 June 1992. She completed her initial entry training and was awarded military occupational specialty (MOS) 77F (Petroleum Supply Specialist). The highest rank/grade she attained during her period of active service was specialist/E-4. 3. Item 5 (Oversea Service) of her DA Form 2-1 (Personnel Qualification Record - Part II) does not show any foreign service. Item 35 (Record of Assignments) shows she served with the 493rd Service and Support Company, Fort Carson, Colorado from on or about 5 January 1993 to on or about 21 November 1994. 4. She was honorably released from active duty on 22 November 1994, by reason of hardship. She completed 2 years, 5 months, and 6 days of net active service. Her DD Form 214 reflects the following information: a. Item 12f (Foreign Service) shows the entry "0000 00 00." b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows she was awarded or authorization the: * National Defense Service Medal * Army Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Army Lapel Button c. Item 18 (Remarks) does not show any deployment entries. 5. Her record is void of any documentary evidence that shows she deployed to Somalia. 6. Department of the Army General Orders 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 during the period 5 December 1992 through 31 March 1995, including the 493rd Service and Support Company. 7. Defense Finance and Accounting Service (DFAS) records show she received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Somalia from 20 May 1993 through 9 September 1993, a period of 3 months and 19 days. 8. The applicant provides Permanent Orders 009-15, issued by Headquarters, 4th Infantry Division (Mechanized), Fort Carson, Colorado on 14 April 1993, which assigned her unit, the 493rd Combat Support, to U.S. Army Forces Command, effective 20 May 1993, for participation in Operation Restore Hope. An associated manifest roster listed her name as it appeared at the time. It also contains a memorandum from Headquarters, U.S. Army Forces Command, dated 26 July 1994, requesting a list of Soldiers eligible to receive the United Nations (UN) Medal for operations in Somalia. This manifest roster was attached to this memorandum. 9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states in item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 and in item 18, for an active duty Soldier deployed to a foreign country, enter "SERVICE IN (Name of Country Deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)." 10. 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. The UN Medal was established by the Secretary General of the UN 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 UN in operations designated by the Secretary of Defense may accept the UN Medal when awarded by the Chief of the UN mission. The eligibility criteria for award of the UN Medal requires that an individual serve under the operational or tactical control of the UN and serve a minimum of 90 consecutive days in the service of the UN. Table 9–1 contains an updated list of DOD approved UN Medals approved by the Office of the Under Secretary of Defense through 30 September 2011. The UN operation in Somalia for the period 24 April 1992 to 31 March 1995 is listed as an approved mission or action. 11. Personnel Command message, dated 151411Z June 1994, announced the eligibility requirements for award of the UN Medal for UN operations in Somalia. Personnel Command message, dated 161627Z October 1995, provided guidance on determining eligibility and awarding of the UN Medal. That guidance included the following: An individual must serve under the command of a UN Force Commander, wear the National or UN uniform to include the Blue Beret, and serve a minimum of 90 days under UN command; the eligibility period for U.S. personnel who meet the criteria for the UN Medal in Somalia is 1 May 1993 to 25 March 1994; U.S. military personnel who participated in Operation Restore Hope, or UNITAF, between December 1992 and May 1993 are not eligible for the UN Medal; and as an exception to policy the Secretary General of the UN may approve award of the UN Medal to U.S. units which comprised the Quick Reaction Force which are listed in this message. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of her DD Form 214 to show her foreign service in Somalia from May to October 1993 was carefully considered. 2. The applicant provides orders that assigned her unit to participate in Operation Restore Hope in Somalia. An associated manifest roster included her name. 3. DFAS records confirms she received HF/IDP and CZTE for service in Somalia from 20 May 1993 through 9 September 1993, a period of 3 months and 19 days; approximately the same time frame she contends. 4. The applicant's foreign service in Somalia, as confirmed by DFAS, is not shown in either item 12f or item 18 of her DD Form 214. 5. The applicant served in Somalia during a qualifying period for award of the Armed Forces Expeditionary Medal; however, this award is not listed on her DD Form 214. 6. A search produced a memorandum whereby U.S. Army Forces Command requested a roster of Soldiers eligible to receive the UN Medal for operations in Somalia during the period of 1 May 1993 to 25 March 1994. A roster was attached that included the applicant's name. A review of a sample of Soldiers from this roster revealed they were awarded the UN Medal. It is reasonable to conclude the applicant would have also been awarded this medal; however, the UN Medal is not listed on her DD Form 214. 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 amending her DD Form 214 by adding to: * item 12f, the entry "0000 03 19" * item 13, the Armed Forces Expeditionary Medal and the United Nations Medal * item 18, the entry "SERVICE IN SOMALIA FROM 19930520-19930909" _________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) AR20120019762 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004097 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1