BOARD DATE: 15 June 2017 DOCKET NUMBER: AR20160001575 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x____ ____x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 15 June 2017 DOCKET NUMBER: AR20160001575 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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: a. awarding him the Army Good Conduct Medal (2nd Award) for the period 10 January 1992 through 9 January 1995, b. deleting award of the Army Good Conduct Medal from his DD Form 214, c. adding the following awards to his DD Form 214: * Army Good Conduct Medal (2nd Award) * Armed Forces Expeditionary Medal d. adding the entry "SERVICE IN SOMALIA FROM 19930501-19930831" to the remarks block of his DD Form 214. 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 correcting his DD Form 214 to show award of the Army Commendation 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. BOARD DATE: 15 June 2017 DOCKET NUMBER: AR20160001575 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 foreign service in Somalia and the authorized awards for this foreign service. 2.  The applicant states, in effect, his DD Form 214 does not show his tour in a combat zone in 1993 and the Army Commendation Medal he received for this service. He is not being recognized for his service in Somalia. 3.  The applicant provides a DA Form 638-1 (Recommendation for Award of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal) and his DD Form 214. 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 10 January 1989. 3.  Permanent orders issued on 14 November 1991 awarded the applicant the Army Good Conduct Medal (1st Award) for the period 10 January 1989 through 9 January 1992. 4.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Alaska from 15 June 1989 through 20 November 1992, a total of 3 years, 5 months, and 6 days of overseas service. 5.  The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Somalia from 1 May through 31 August 1993, a period of 4 months. 6.  The applicant was honorably released from active duty on 29 July 1995 in the rank of specialist/E-4 after completing 6 years, 6 months, and 20 days of active duty service. His DD Form 214 shows in: a.  block 12f (Foreign Service), the entry "0003  05  06" (equivalent to the length of his service in Alaska only); b.  block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar * Driver and Mechanic Badge * Army Lapel Button c.  block 18 (Remarks), the absence of an entry that shows he deployed to Somalia. 7.  The applicant's records are void of derogatory information or evidence that shows he was subject to any disciplinary actions. His records are also void of evidence that indicates his commander acted to disqualify him from being favorably considered for the Army Good Conduct Medal (2nd Award). 8.  The applicant provided a DA Form 638-1 that shows he was recommended for award of the Army Commendation Medal for service during the period 11 May through 1 September 1993. However, the form shows the recommendation was downgraded and he was approved for award of the Army Achievement Medal (1st Award) and authorized in permanent orders issued by the 260th Quartermaster Battalion. This form further shows the last individual to sign the form was his battalion commander, an officer in the rank/grade of lieutenant colonel/O-5. REFERENCES: 1.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. The regulation also provides that the approval authority for this award is an officer in the chain of command in the rank of colonel/O-6 or above. b.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Any one of the following periods of continuous enlisted active Federal military service qualifies for the award: * each 3 years completed on or after 27 August 1940 * for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946 * for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year c.  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. 2.  Army Regulation 635-5 (Separation Documents), in effect at the time, 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: a. block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; b.  block 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22; and c.  block 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. DFAS records confirm the applicant received HFP/IDP and CZTE for service in Somalia from 1 May through 31 August 1993, for a total of 4 months of foreign service. However, this foreign service was not included in block 12f and block 18 of his DD Form 214. 2.  Based on his service in Somalia, he is authorized award of the Armed Forces Expeditionary Medal. This award is not shown on his DD Form 214. 3.  The applicant's records are void of derogatory information or evidence that shows he was subject to any disciplinary actions. Additionally, there is no evidence that shows his commander acted to disqualify him from being favorably considered for the Army Good Conduct Medal (2nd Award) for the period 10 January 1992 to 9 January 1995. It appears he met the criteria for this award. 4.  The applicant contends he was awarded the Army Commendation Medal for his service in Somalia; however, the DA Form 638-1 he provided shows he was awarded the Army Achievement Medal instead. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001575 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001575 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2