BOARD DATE: 2 May 2018 DOCKET NUMBER: AR20160011680 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: 2 May 2018 DOCKET NUMBER: AR20160011680 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 adding the Legion of Merit to his DD Form 214 for the period ending 30 September 2001. 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 the United Nations 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: 2 May 2018 DOCKET NUMBER: AR20160011680 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) for the period ending 30 September 2001 to show award of the Legion of Merit and United Nations Medal. 2. The applicant states the awards should be on his DD Form 214. He was sent the Legion of Merit and he met the time line for the United Nations Operation in Somalia. 3. The applicant provides: * DA Form 638 (Recommendation for Award), dated 12 February 2001 * email, dated 22 February 2016 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. Army Regulation 600-8-22 states U.S. Servicemembers 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 (Department of Defense approved United Nation Medals) contains an updated list of Department of Defense approved United Nations Medals approved by the Office of the Under Secretary of Defense through 30 September 2011. Table 9-1 lists United Nations Operation Somalia (24 April 1992 -31 March 1995). 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 for Servicemembers of the Armed Forces of the United States is the Secretary of Defense. When presentation is not accomplished, any person who believes he or she is eligible for award may submit a request for award with copies of substantiating documents to Commander, U.S. Army Human Resources Command (HRC), Awards and Decorations Branch (ADB) (AHRC– PDP–A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122–5408. The HRC, ADB will forward each request through the Office of Internal Administration, Office of the Assistant Secretary of State for International Organization Affairs, to the United Nations for consideration. a. The applicant's request for award of the United Nations Medal and the email he provided, dated 22 February 2016, showing he contacted HRC on 7 July 2015 regarding the United Nations Medal were noted. However, there is no evidence that HRC responded to his request. Additionally, information obtained from HRC did not reveal a formal response to his request. b. Paragraph 2-5 of Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, states the Board will not consider any application if it determines the applicant has not exhausted all administrative remedies available. There is no evidence that HRC, denied his request for this medal. Therefore, this record of proceeding will not address the United Nations Medal further. 3. Having prior enlisted service, the applicant was appointed as a second lieutenant in the U.S. Army Reserve on 6 August 1982. He served on Active duty in the Regular Army from 16 October 1984 until 30 March 1996, when he was released from active duty under the Early Release Program – Special Separation Benefit. 6. He entered active duty on 28 April 1996. 7. On 30 September 2001, he retired in the rank of lieutenant colonel. His DD Form 214 for the period ending 30 September 2001 does not show award of the Legion of Merit. 8. He provided a Legion of Merit Certificate and a DA Form 638 (Recommendation for Award), which show Permanent Orders Number 282-018, published by Headquarters, U.S. Army Reserve Command, on 9 October 2002, awarded him the Legion of Merit for the period 1 November 1991 through 31 October 2001. His DA Form 638 indicates that this Legion of Merit was a retirement award. REFERENCES: Army Regulation 635-5 (Separation Documents) states that all of the awards and decorations, for all periods of service are listed in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214. DISCUSSION: Permanent Orders awarded the applicant the Legion of Merit. Unfortunately, the official orders were not published until after the applicant retired. As such, his DD Form 214 does not reflect this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011680 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011680 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2