ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 August 2019 DOCKET NUMBER: AR20180005309 APPLICANT REQUESTS: * Correction of entry date of his DD Form 214 (Certificate of Release or Discharge From Active Duty) * Add the United Nations Advanced Mission in Cambodia (UNAMIC) and United Nations Transitional Authority in Cambodia (UNTAC) medals for service in Cambodia * Add Overseas Service Ribbon (3rd Award) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Officer Record Brief (ORB) * Joint Service Achievement Medal Orders * Joint Service Commendation Medal Memorandum * Report of Medial Examination FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his date of entry is incorrectly noted on his DD Form 214 as 26 August 1997. The date is incorrect, this is his commissioning date. He entered service on 8 March 1977 as evidenced by his enclosed ORB. He also served with the United Nations in Cambodia. He was awarded the United Nations Medal for United Nations Mission in Cambodia, (UNAMIC) for his first tour there and the United Nations Transitional Authority in Cambodia (UNTAC) for his second tour in Cambodia. He enclosed a Joint Service Achievement Medal as a result of his service in Cambodia. He should be awarded the Overseas Service Ribbon for three tours; two tours to Cambodia and one tour in Indonesia. 3. The applicant provided: a. An ORB showing his service as a commissioned officer from 26 August 1977 to 31 March 1997. b. Permanent Orders Number 49-6, dated 13 April 1993, issued by Headquarters Department of the Army, awarding the applicant the Joint Service Achievement Medal. c. A Military Personnel Awards Memorandum 93-269, dated 19 July 1993, issued by Headquarters, Department of. The Army, awarding the applicant the Joint Service Commendation Medal. d. A record of medical examination conducted on 30 August 1976 4. A review of the applicant’s service records shows a. He enlisted in the Regular Army on 8 March 1977. He served 5 months and 8 days as an enlisted Soldier. His basic active service date (BASD) is 8 March 1977. His service record is void of a DD Form 214 covering his enlisted service. b. On 26 August 1977, he was discharged from active duty to accept a commission as a second lieutenant (2LT). c. His entered active duty current term date recorded of his ORB was 26 August 1977 as a commissioned officer. d. He served and completed the following overseas tours: * Indonesia from 20 May 1989 to 23 August 1990 * UNAMIC from 6 December 1991 to 6 June 1992 * UNTAC from 7 December 1992 to 11 August 1993 e. He retired honorably on 31 March 1997. His DD Form 214 shows he completed 20 years and 23 days of active service. He was awarded or authorized the following: * Meritorious Service Medal (3RD Award) * Joint Service Commendation Medal * Army Commendation Medal * Joint Service Achievement Award * National Defense Service Medal * Armed Forces Reserve Medal * Army Service Ribbon * Overseas Service Ribbon (2ND Award) * United Nations Medal * Parachutist Badge 5. The applicant’s record is void of a DD Form 214 covering his 5 months and 18 days of service prior to his commissioning on 26 August 1977. His current DD Form 214 records the 5 months and 18 days as total prior active service. 6. By regulation: AR 600-8-22 (Military Awards) provides the following guidance; a. The United Nations Medal established by the Secretary General of the United Nations and authorized under Executive Order 11139, 7 January 1964, as amended by executive Order 13286, 28 February 2003. U.S. service members who are or have been in the service of the United Nations in operations designated by Secretary of Defense may accept the United Nations Medal (UMN) 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 service of the United Nations. b. The Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981. It is awarded to members of the U.S. Army for successful completion of overseas tours. * Effective 1 August 1981, all members of the Active Army, Army National Guard and Army Reserve in an active Reserve status are eligible for this award. The ribbon may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status as defined above on or after 1 August1981. * Soldiers must be credited with a normal overseas tour completion according to AR 614-30. Service member who had overseas service with another branch of service (USN, USAF, or USMC), must be credited with a normal overseas tour completion by that service to qualify for award of the Army OSR. 5. By regulation, AR 635-5 (Separation Documents) the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It states for: Item: * 12a, Date Entered Active Duty (AD) This Period. Enter the beginning date of the continuous period of AD for issuance of this DD Form 2I4, for which a DD Form 2I4 was not previously issued. * 12d, Total Prior Active Service. From previously issued DD Forms 2I4, enter total amount of prior active military service less lost time, if any. If not applicable, enter "00 00 00." * 13, DECORATIONS, MEDALS, BADGES, CITATIONS AND CAMPAIGN RIBBONS AWARDED OR AUTHORIZED. List awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22. Each entry will be verified by the Soldier's records. Do not use abbreviations. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. The Board noted the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. The applicant’s DD Form 214 shows he entered the period covered by the DD Form 214 on 26 August 1977, and shows he had 5 months and 18 days of prior active duty service, which equates to 8 March 1977. The Board agreed there is no entry date error on the DD Form 214 as he should have another DD Form 214 or statement of service for the prior period. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 amending his DD Form 214 for the period ending 31 March 1977 by: * deleting from item 13 the entry “Overseas Service Ribbon (2nd Award) * adding to item 13 the entry “Overseas Service Ribbon 3rd Award” * deleting from item 13 the entry “United Nations Medal” * adding to item 13 the entry “United Nations Medal (2nd Award)” 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 changing his date entered active duty this period on the DD Form 214. 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s service record shows his DD Form 214 contains administrative errors. The applicant’s service records indicates he completed three overseas tours and two United Nations Mission assignments. As a result, amend his DD Form 214 by: * deleting from item 13 the entry “Overseas Service Ribbon (2nd Award) * adding to item 13 the entry “Overseas Service Ribbon 3rd Award” * deleting from item 13 the entry “United Nations Medal” * adding to item 13 the entry “United Nations Medal (2nd Award)” REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) in affect at the time: a. United Nations Medal established by the Secretary General of the United Nations and authorized under Executive Order 11139, 7 January 1964, as amended by executive Order 13286, 28 February 2003. U.S. service members who are or have been in the service of the United Nations in operations designated by Secretary of Defense may accept the United Nations Medal (UMN) 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 service of the United Nations. The following United Nations mission/operations have been approved for acceptance and wear: (1) United Nations Observation Group in Lebanon (UNOGIL). (2) United Nations Truce Supervision Organization in Palestine (UNTSO). (3) United Nations Military Observer Group in India and Pakistan (UNMOGIP). (4) United Nations Security Forces, Hollandia (UNSFH). (5) United Nations Transitional Authority in Cambodia (UNTAC). (6) United Nations Advance Mission in Cambodia (UNAMIC). (7) United Nations Protection Force in Yugoslavia (UNPROFOR). (8) United Nations Mission for the Referendum in Western Sahara (MINURSO). (9) United Nations Iraq/Kuwait Observation Mission (UNIKOM). (10) United Nations Operations in Somalia (to include U.S. Quick Reaction Force members) (UNOSOM). (11) United Nations Mission in Haiti (UNMIH) b. The Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981. It is awarded to members of the U.S. Army for successful completion of overseas tours. * Effective 1 August 1981, all members of the Active Army, Army National Guard and Army Reserve in an active Reserve status are eligible for this award. The ribbon may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status as defined above on or after 1 August1981. * Soldiers must be credited with a normal overseas tour completion according to AR 614-30. Service member who had overseas service with another branch of service (USN, USAF, or USMC), must be credited with a normal overseas tour completion by that service to qualify for award of the Army OSR. 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. The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It states for: * 12a, Date Entered Active Duty (AD) This Period. Enter the beginning date of the continuous period of AD for issuance of this DD Form 2I4, for which a DD Form 2I4 was not previously issued. * 12d, Total Prior Active Service. From previously issued DD Forms 2I4, enter total amount of prior active military service less lost time, if any. If not applicable, enter "00 00 00." * 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized. List awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the soldier's records. Do not use abbreviations. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180005309 7 1