IN THE CASE OF:	  

		BOARD DATE:	  	  28 October 2008

		DOCKET NUMBER:  AR20080007186 


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 an unspecified overseas campaign badge for service in Somalia.

2.  The applicant states he was deployed with the 46th Combat Support Hospital for almost one year.  He thought the “Overseas Service Badge” and the National Defense Service Medal were the same.  

3.  The applicant provides a copy of his Officer Record Brief (ORB) and photographs.  He indicated that he had provided permanent change of station (PCS) orders; however, no orders are available.  

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 military records are not available to the Board.  However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.  

3.  The applicant was appointed as a Reserve commissioned officer on 5 June 1980 and was ordered to active duty on 13 June 1980 in the rank of captain.  

4.  The applicant’s ORB shows he was assigned to the 46th Combat Support Hospital in Mogadishu, Somalia on 2 August 1993 and was assigned in Somalia for 7 months.  

5.  The applicant’s Officer Evaluation Report for the period covering 1 August 1993 through 9 March 1994 shows he was a chaplain for the 46th Medical Task Force and the Catholic Chaplain for the United Nations Operation in Somalia (UNOSOM) in support of Operation Continue Hope during this period.  

6.  The applicant was discharged on 11 September 1995.  His DD Form 214 shows the Meritorious Service Medal, the Army Commendation Medal (3rd Award), the Army Achievement Medal (2nd Award), the National Defense Service Medal, the Humanitarian Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon (3rd Award).  

7.  Military Personnel Message 93-202, dated 251542Z May 1993, authorized the Armed Forces Expeditionary Medal (AFEM) for members of the U.S. Armed Forces who participated in Operation Restore Hope and Operation United Shield in Somalia beginning 5 December 1992.  No orders were promulgated for this award; however, unit personnel agencies were responsible for updating the records of personnel eligible for the Armed Forces Expeditionary Medal to show this award. Award of the Armed Forces Expeditionary Medal for these operations was terminated effective 31 March 1995 by Personnel Command message, dated 170650Z May 1995.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Somalia from August 1993 through March 1994 in support of Operation Continue Hope.

2.  However, there are no regulatory provisions which indicate the applicant is authorized an overseas campaign badge for service in Somalia in support of Operation Continue Hope.  The Military Personnel Message 93-202 authorizes award of the AFEM for participation in support of Operation Restore Hope and Operation United Shield in Somalia, not Operation Continue Hope.  

3.  Therefore, there is no basis for correcting the applicant's records to show an overseas campaign badge for service in Somalia.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___XX_____  ____XX____  ___XX_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ______XXXX_______________
               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)                                         AR20080007186



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080007186



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1