IN THE CASE OF: BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20150010518 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20150010518 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____________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. IN THE CASE OF: BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20150010518 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his unit received Campaign Participation Credit (CPC) for service in Somalia. 2. The applicant states: * he deployed with E Company, 2nd Battalion, 87th Infantry and with Headquarters and Headquarters Company, 2nd Battalion, 14th Infantry * there were awards issued after his discharge for action he was involved in, such as Department of the Army General Orders (DAGO) Number 2014-73 for the Somalia campaign 3. The applicant provides: * DD Form 214-Worksheet * DAGO Number 2014-73 * DA Form 2-1 (Personnel Qualification Record) 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 12 May 1992 and he held military occupational specialty 11H (Heavy Anti Armor Weapons Infantryman). He was assigned to the 2nd Battalion, 14th Infantry, Fort Drum, NY. 3. He was released from active duty on 19 July 1995 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows he completed 3 years, 2 months, and 18 days of active service. It also shows in: * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Army Achievement Medal (2nd Award), Joint Meritorious Unit Award, Valorous Unit Award, National Defense Service Medal, Armed Forces Expeditionary Medal (3rd Award), Humanitarian Service Medal, Army Service Ribbon, Combat Infantryman Badge, and Air Assault Badge * Item 18 (Remarks), "Service in Somalia 19930105-19930318 and 19930731-19931219" and "Service in Haiti 19940921-19941118" 4. DAGO Number 2014-73, issued on 21 November 2014, awarded campaign participation credit to multiple units deployed abroad to Somalia in support of Operations Restore Hope and United Shield from 5 December 1992 to 31 March 1995. The list of units includes the 2nd Battalion, 14th Infantry. REFERNCES: 1. Army Regulation 600-8-22 (Military Awards), states the Armed Forces Expeditionary Medal may be awarded to service members of the Armed Forces of the United States who, after 1 July 1958 participate, or have participated, as members of the U.S. military units in a U.S. military operation in which service members of any military department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers, and encounter during such participation foreign-armed opposition, or are otherwise placed, or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces were imminent even though it did not materialize. The awards may be authorized for three categories of operations: (1) U.S. military operations; (2) U.S. operations in direct support of the United Nations (UN); and (3) U.S. operations of assistance for friendly foreign nations. This award is authorized for: * Designated U.S. military operations in Haiti , Operation Uphold Democracy from 16 September 1994 to 31 March 1995 * Designated U.S. military operations in direct support of the UN in Somalia-Operations Restore Hope and United Shield from 5 December 1992 to 31 March 1995 2. Army Regulation 600-8-22 provides for CPC in chapter 7. Awards are made to organizations when the heroism displayed or meritorious service performed is a result of group effort. The following unit awards are authorized as recognition of certain types of service, usually during war, as a means of promoting esprit de corps: unit decorations, campaign participation credit and campaign streamer, war service credit, war service streamer, smaller streamer (guidon), and infantry and medical streamers. Army units are deemed to have participated in combat if they have actually engaged the enemy in combat, if they were deployed in a designated combat zone, or if they performed duties either in the air or on the ground in any part of the combat zone in any time during the period of the respective battle, campaign or expedition. For designated named operations for which the Joint Chiefs of Staff has approved award of the Armed Forces Expeditionary Medal, the Secretary of the Army (SA) may authorize CPC. a. SA-Delegated: During the period of military operations against an armed enemy and for 1 year thereafter, the theater commander (Army), upon approval of SA delegation, is authorized to grant CPC for named, closed campaigns to units under their command. This authority may not be further delegated. The theater commander will coordinate with the U.S. Army Human Resources Command (HRC), Army Decorations Board (ADB) in regards to processing procedures on proposed CPC permanent orders (PO) to be issued in theater. After HRC, ADB review of proposed PO, final coordination will be completed and PO may be issued by the theater commander. A copy of the PO will be forwarded to HRC, ADB for publication of the DAGO. b. Non-SA Delegated: Commanders that are not SA delegated wartime awards approval authority will initiate requests for CPC that includes all wartime subordinate units (assigned or attached) to HRC, ADB. HRC will issue the PO announcing the CPC and it will be confirmed in a DAGO. DAGO will not be issued by HRC, ADB until the closing of the named campaigns. c. Upon approval of CPC to a unit, Awards and Decorations Branch will coordinate with the Tank Automotive Command (TACOM) for the initial issue of the streamer of named, closed campaigns. The CPC Streamers will be supplied upon approval of requests submitted from the Awards and Decorations Branch to the Clothing and Heraldry Product Support Integration Directorate also known as TACOM. Units are not to submit a request to TACOM for the initial issue of the designated CPC Streamer. DISCUSSION: 1. CPC is not an individual or personal decoration. It is recognition that a unit participated in combat. When CPC is confirmed by orders, the unit is authorized a streamer. 2. Service or campaign awards associated with the Haiti or Somalia campaigns include the Armed Forces Expeditionary Medal for Haiti (Operation Uphold Democracy from 16 September 1994 to 31 March 1995) and for Somalia (Operations Restore Hope and United Shield from 5 December 1992 to 31 March 1995). 3. The applicant's DD Form 214 reflects three awards of the Armed Forces Expeditionary Medal, presumably for two deployments to Somalia and one deployment to Haiti. There is no provision to list a unit's CPC on the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010518 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010518 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2