ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 6 March 2020 DOCKET NUMBER: AR20190009489 APPLICANT REQUESTS: award of the: * United Nations Medal * United Nations Operations in Somalia Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record), dated 29 April 2019. 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 (ABCMR) 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 the awards were the result of his participation in Operation United Shield and were authorized after his discharge. 3. On 22 March 1980, he enlisted in the Regular Army. 4. His DA Form 2166-7 (Noncommissioned Officer Evaluation Report) for the period May 1993 through April 1994, shows in: a. Part I (Unit, Organization, Station, Zip code or Army Post Office, Major Command) – he was assigned to Headquarters, Central Command, Africa/Middle East Section from May 1993 through April 1994. b. Part II (Duty Description) – his daily duties included providing intelligence support to U.S. Central Command, providing direct support to forces deployed to the area of responsibility, and specifically shows the entry, "Researches, writes, edits and publishes all-source intelligence reports for CINCCENT [Commander in Chief, U.S. Central Command], deployed forces, and national level agencies. Prepares responses to requests for information from operationally deployed units, lateral commands and national agencies. Provided support to United Nations Operations in Somalia (UNOSOM II)." 5. On 15 October 1996, he was honorably discharged from active duty. His DD Form 214 for the period ending 15 October 1996 shows in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – he was awarded or authorized the: * Army Commendation Medal (2nd Award) * Army Achievement Medal (2nd Award) * Joint Meritorious Unit Award * Army Good Conduct Medal (5th Award) * National Defense Service Medal * Armed Forces Expeditionary Medal (2nd Award) * Humanitarian Service Medal * Noncommissioned Officer's Professional Development Ribbon with Numeral 3 * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * Air Assault Badge 6. His records are void of evidence showing he was awarded the United Nations Medal or the United Nations Operations in Somalia Medal by the Chief of the United Nation mission for Somalia. 7. His records are void of evidence showing the operations or time period in which he was awarded the Armed Forces Expeditionary Medal (2nd Award). BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, his discharge from active duty and the awards appearing on his DD form 214. The Board considered his awards of the AFEM and the policies pertaining to the awards he requests. The Board found that one award was not approved for wear by the Secretary of Defense and one award may have been precluded by his AFEM. Based on a preponderance of evidence, the Board determined that the absence of the two requested awards in his records was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. 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 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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Established by the Secretary General of the United Nations and authorized under Executive Order 11139, dated 7 January 1964, as amended by Executive Order 13286, dated 28 February 2003. 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 lists Department of Defense approved operations for award of the United Nations Medal. b. The United Nations Operations in Somalia Medal is issued by the United Nations. The United Nations Operations in Somalia Medal has not been approved by the Secretary of Defense for acceptance and wear. c. The Armed Forces Expeditionary Medal will be awarded only for operations for which no other U.S. campaign medal is approved. However, this does not prevent award eligibility for subsequent ongoing operations if the associated campaign medal has been terminated. No individual will be eligible for both the Armed Forces Expeditionary Medal and a campaign medal awarded during a single tour in the designated operation. d. Table 2-3 shows the Armed Forces Expeditionary Medal was awarded for Somalia Operations Restore Hope and United Shield for the period 5 December 1992 to 31 March 1995. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190009489 3 1