BOARD DATE: 10 March 2016 DOCKET NUMBER: AR20150009356 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: 10 March 2016 DOCKET NUMBER: AR20150009356 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 the Korea Defense Service Medal to his DD Form 214. 2. The Board further determined that 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 award of the United Nations Somalia 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. Enclosure 1 BOARD DATE: 10 March 2016 DOCKET NUMBER: AR20150009356 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) by showing he is authorized the Korea Defense Service Medal (KDSM) and the United Nations Somalia Medal (UNSM) for his service in Somalia in 1993. 2. The applicant states he was stationed in the Republic of Korea (ROK) in 1991-1992 and again in 1996-1997. He also states he was in Somalia from May to October 1993. 3. The applicant provides a copy of his DA Form 2-1 (Personnel Qualification Record – Part II). 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 31 August 1989. He was trained as a petroleum supply specialist. 3. The applicant’s DA Form 2-1 indicates he served overseas as follows: * in the ROK from 25 May 1991 to 24 May 1992 * in Somalia from 11 May to 2 September 1993 (3 months and 22 days) * in the ROK from 30 November 1996 to 29 November 1997 4. The applicant’s DA Form 2-1 lists his awards as: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge with Grenade Bar * Army Service Ribbon * National Defense Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Good Conduct Medal (2nd award) * Overseas Service Ribbon (2nd award) * Joint Meritorious Unit Award * Joint Service Achievement Medal * Driver and Mechanic Badge with “W” Bar * Armed Forces Expeditionary Medal * Army Achievement Medal (2nd award) 5. On 8 March 1999, the applicant was released from active duty and transferred to the 449th Division Support Battalion located in Texas. He had completed 9 years, 6 months, and 8 days of creditable active duty service. His DD Form 214 lists the same awards as indicated on his DA Form 2-1 plus the Army Lapel Button. REFERENCES: Army Regulation 600-8-22 (Military Awards): a. This regulation states the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the ROK. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. b. The United Nations Medal is awarded in the name of the Secretary-General of the United Nations to personnel in the service of the United Nations for a period of not less than 6 months with the United Nations Operation in Somalia. The United Nations Medal is awarded by the Secretary-General of the United Nations and is categorized as a non-U.S. service medal. The certificate issued by the United Nations constitutes award of the United Nations Medal. Participation in the operation does not automatically qualify the individual for the United Nations Medal, and the service member must have been presented the medal by a representative of the Secretary-General. c. This regulation further states 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 to a member of the Armed Forces of the United States is the Secretary of Defense. When presentation is not so accomplished, any person who believes he or she is eligible for the award may submit a request to Commander, U.S. Army Human Resources Command (HRC), ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122 with a copy of any substantiating documents. HRC will forward each such 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: 1. The available evidence shows the applicant served a qualifying period of service in the ROK and is authorized the KDSM. Therefore, it would be appropriate to show this medal on his DD Form 214. 2. The available evidence shows the applicant served in Somalia for almost 4 months. The regulation states the required period of service was no less than 6 months to receive the UNSM. There is no available evidence showing he was presented this medal by the proper authority. If he still believes he is authorized this medal, he should submit a request to HRC with the appropriate documentation to support his contention. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150009356 Enclosure 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009356 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2