IN THE CASE OF: BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20150011631 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 IN THE CASE OF: BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20150011631 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 to item 13 of his DD Form 214 the Army Commendation Medal, Joint Service Achievement Medal, and United Nations Medal * adding to item 18 of his DD Form 214 the entry "Service in Croatia 28 April 1994 to 14 October 1994" 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 the United Nations Distinguished Service 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. IN THE CASE OF: BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20150011631 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 the: * Joint Service Achievement Medal * Army Commendation Medal * United Nations Medal * United Nations Distinguished Service Medal 2. The applicant states, in effect, he received the awards but they were not added to his DD Form 214. 3. The applicant provides: * Certificate and citation for the Joint Service Achievement Medal * DA Form 638 (Recommendation for Award) and certificate for the Army Commendation Medal * Certificate for award of the United Nations Medal * Orders 060-09 and 187-02, temporary duty (TDY) * Certificate of Distinguished Service * Travel settlement voucher and hotel receipt from a hotel in Croatia * U.S. Passport with entry/exit visa to Croatia * United Nations Protection Force Identification Card * Certificates of Appreciation * Internet printout about history of U.S. drones 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, and 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 27 March 1991 and he held military occupational specialty 31M (Multichannel Communications System Operator/Satellite Systems Operator and Maintainer). 3. He served in Germany from 6 October 1991 to 3 March 1995. He was assigned to the 58th Signal Company. During this overseas service, he served in: * Southwest Asia from 27 July 1992 to 25 February 1993 * Croatia from 28 April 1994 to 14 October 1994 4. He was honorably released from active duty in the rank/grade of specialist/E-4 on 26 March 1995. He completed 4 years of net active service this period. His DD Form 214 shows in: * Item 12f (Foreign Service), 3 years, 5 months, and 1 day * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Southwest Asia Service Medal with one bronze service star, Kuwait Liberation Medal, Army Achievement Medal, Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Item 18 (Remarks), "Service in Southwest Asia 27 July 1992 to 25 February 1993 5. He provides: a. Certificate and citation, dated 17 October 1994, awarding him the Joint Service Achievement Medal by Headquarters, Joint Task Force Provide Promise, for service in Zagreb, Croatia, from 28 April 1994 to 14 October 1994. b. DA Form 638 and certificate confirming award of the Army Commendation Medal for service from 1 March 1993 to 1 March 1995 by Permanent Order (PO) Number 16-3, issued by Headquarters, 7th Signal Brigade, on 14 February 1995. c. Certificate awarding him the United Nations Medal for service with United Nations Protection Force (UNPROFOR) from 28 April 1994 to 30 September 1994. d. TDY Orders 060-09, dated 14 April 1994, ordering him to proceed in a TDY status from Germany to Croatia on or about 27 April 1994. e. Certificate, dated 14 September 1994, presented by the United Nations Protection Force, U.S. Joint Task Force Provide Promise for distinguished service in support of the United Nations Protection Force Peace Keeping Operations in the Republics of Former Yugoslavia from 28 April 1994 to 27 October 1994. f. TDY Travel Orders 187-02, dated 4 December 1994, ordering him to proceed in a TDY status from Germany to Croatia on or about 10 December 1994. g. Travel voucher settlement, hotel receipt, and U.S. Passport with exit and entry visas to Croatia. h. Two Certificates of Appreciation, dated 5 November and 8 November 1994 respectively. REFERENCE: 1. Army Regulation 600-8-22 (Military Awards) states: a. U.S. service members who are or have been in the service of the United Nations in operations designated by the Secretary of Defense may accept the United Nations Medal when awarded by the Chief of the United Nations mission. The eligibility criteria for award of the United Nations Medal requires that an individual serve under the operational or tactical control of the United Nations and serve a minimum of 90 consecutive days in the service of the United Nations. Table 9–1 contains an updated list of DOD approved United Nations Medals approved by the Office of the Under Secretary of Defense through 30 September 2011. It includes the United Nations Protection Force in Yugoslavia from 1 February 1992 to 31 March 1995. b. This regulation does not list the United Nations Distinguished Service Medal as an authorized award. 2. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. It states: * Item 12 shows the total foreign service completed during the period covered by the DD Form 214 * Item 13 shows all awards and decorations for all periods of service * Item 18 lists mandatory entries; one of those entries is that for an active duty Soldier deployed to a foreign country, enter the following the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD" DISCUSSION: 1. PO awarded him the Army Commendation Medal. This award is not listed on his DD Form 214. 2. He was awarded the Joint Service Achievement Medal and United Nations Medal. Neither award is listed on his DD Form 214. 3. The United Nations Distinguished Service Medal is not an authorized award listed in Army Regulation 600-8-22. 4. He served in Croatia from 28 April 1994 to 14 October 1994. This deployment is not indicated in item 18 of his 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) AR20150011631 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011631 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2