IN THE CASE OF: BOARD DATE: 21 March 2023 DOCKET NUMBER: AR20220005980 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 31 May 1995, to show: * Meritorious Service Medal (4th Award) * Overseas Service Bar (4th Award) * Korea Defense Service Medal (2nd Award) * United Nations Medal * Correct item 12a (Date entered Active Duty this Period) APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 19 March 2022 * DD Form 149, 20 March 2022 * DD Form 214 (Report of Separation from Active Duty), 29 January 1978 * DA Form 4980-12 (Meritorious Service Medal Certificate), 9 May 1984 * DA Form 4980-12, 9 March 1987 * Deployment Orders for Temporary Additional Duty/Temporary Duty (TAD/TDY) in Support of Operation Restore Hope (Somalia), 8 December 1992 * Manifest for Passenger Movement, 12 January 1993 * Army Message Number A93207005, Shoulder Sleeve Insignia-Former Wartime Service and Overseas, 26 July 1993 * Permanent Order 12-5, Release from Temporary Change of Station, 21 August 1993 * DA Form 4980-12, 21 September 1993 * DA Form 638 (Recommendation for Award), 11 May 1995 * DA Form 4980-12, 11 May 1995 * DD Form 214, 31 May 1995 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 Board will not consider the applicant's request for the Meritorious Service Medal (4th Award), as this item will be addressed through an administrative correction. 3. The applicant states, in effect: a. He was awarded four Meritorious Service Medals. He believes he is entitled to a fourth Overseas Service Bar for his combined six months in Somalia. He deployed to Somalia with the United States Marine Corps (USMC) in December 1992, returning in January 1993. He then deployed to Somalia in April 1993, returning to the United States in August 1993. Per the DA message, months may be combined to achieve the six- month Overseas Service Ribbon bar for deployments to Somalia. He believes that his two tours in the Republic of Korea qualify for the award of the Korea Defense Service Medal (2nd Award), and he is also eligible for the award of the United Nations Medal for his deployment to Mogadishu, Somalia from April 1993 to August 1993. He wants his record to reflect the awards for meritorious service and to ensure he has been awarded the same Army awards as his fellow Soldiers who served in Somalia and Korea. b. The date entered in Item 12a on his final DD Form 214 is incorrect. The correct date is 20 May 1975, and it shows 30 January 1978. He did not have a break in service from 20 May 1975 to 1 June 1995. He was issued a DD Form 214 on 29 January 1978 when he reenlisted in Taegu, Korea, which infers he separated upon reenlistment. 4. The applicant enlisted in the Regular Army on 20 May 1975. He was honorably discharged on 29 January 1978 for immediate reenlistment. He was issued a DD Form 214 for his period of service from 20 May 1975 to 29 January 1978, that credited him with 2 years, 8 months, and 10 days of active service. 5. He reenlisted in the Regular Army on 30 January 1978. He served through multiple reenlistments in a variety of stateside or overseas assignments. His DA Form 2-1 (Personnel Qualification Record), Item 5 (Oversea Service) shows he served in: * Korea - 29 November 1976 to 7 March 1979 * Korea - 5 October 1980 to 26 May 1984 * Germany - 23 June 1987 to 25 June 1992 6. The applicant provides deployment orders for TAD/TDY, dated 8 December 1992, which shows the applicant was to report on 8 December 1992 in Support of Operation Restore Hope (Somalia). 7. The applicant provides a manifest for passenger movement to Somalia, dated 12 January 2023. 8. He provides Army message number A932070053, dated 26 July 1993, which states one overseas bar is authorized for each six months Federal Service as a member of a U.S. service in Somalia from 5 December 1992 to a date to be determined for Operation Restore Hope/Continue Hope. In military operations of periods less than six months duration, which otherwise meet the requirements for the award of overseas bars, may be combined to determine the total number of overseas service bars. 9. The applicant provides Permanent Order 12-5, dated 21 August 1993, which provides a list of personnel released from temporary change of station at Somalia on or about 23 August 1993. 10. The applicant retired on 31 May 1995 and he was placed on the retired list in his retired grade of first sergeant on 1 June 1995. His DD Form 214 shows in: * Block 12a (Date Entered Active Duty This Period): 30 January 1978 * Block 12b (Separation Date This Period): 31 May 1995 * Block 12c (Net Active Service This Period): 17 years, 4 months, and 1 day * Block 12d (Total Prior Active Service): 2 years, 8 months, and 10 days * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Meritorious Service Medal (3rd Award) * Army Commendation Medal (4th Award) * Army Achievement Medal (4th Award) * Army Good Conduct Medal (6th Award) * National Defense Service Medal * Armed Forces Expeditionary Medal (2nd Award) * Noncommissioned Officer's Professional Development Ribbon with Numeral 3 * Army Service Ribbon * Overseas Service Ribbon (3rd Award) * Expert Marksmanship Qualification Badge with rifle bar * U.S. Army Gold Recruiter Badge * Overseas Service Bar (3rd Award) * Block 18 (Remarks): Immediate reenlistments this period 30 January 1978 to 29 August 1982, 30 August 1982 to 19 January 1987, 20 January 1987 to 20 November 1990, and 21 November 1990 to 31 May 1995. Block 18 does not show service in/deployment to Somalia. 11. During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account, which verified he was deployed to Somalia from 2 May 1993 to 25 August 1993. There is no indication of the applicant being deployed during the period December 1992 to January 1993. 12. AR 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in AR 670-1 or appropriate DA message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. The Overseas Service Bar is normally not entered on the DD Form 214 because it is an item of uniform wear, not an award or decoration. 13. Regulatory guidance states the Korea Defense Service Medal 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 Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Only one award of the Korea Defense Service Medal is authorized for any individual. 14. Eligibility criteria for award of the United Nations Medal requires that an individual serve under the operations or tactical control of the UN and serve a minimum of 90 consecutive days in the service of the UN. The Department of Defense approved United Nation Medals for UN Operation Somalia from 24 April 1992 to 31 March 1995. 15. By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. The information entered thereon reflects the conditions as they existed at the time of separation. It states for: * Item 12a, enter beginning date of continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued * Item 12b, enter the Soldier’s transition/separation date * Item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b (less time lost) * Item 12d, enter the total amount of prior active military service less time lost * Item 18, for an active-duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement, "Service in (Name of County Deployed) from (YYYYMMDD-YYYYMMDD)" 16. AR 635-5, effective 1 October 1979, was revised. Paragraph 1-4b(5) stated the DD Form 214 will not be prepared for enlisted members discharged for immediate reenlistment in the Regular Army. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. a. The evidence of record shows the applicant served on active duty from 20 May 1975 to 29 January 1978. He was issued a DD Form 214 for his period of service from that credited him with 2 years, 8 months, and 10 days of active service. In October 1979, the Army discontinued the issuance of a separate DD Form 214 for each period of enlistment or reenlistment. As such, when he reenlisted on 30 January 1978, and continued through retirement on 31 May 1995, he was issued a second DD Form 214 that not only captured his 17 years, 4 months, and 1 day of continuous active service as well as his 2 years, 8 months, and 10 days of prior active service. The Board determined there is no error or injustice. b. Although the applicant served twice in Korea from 29 November 1976 to 7 March 1979 and from 5 October 1980 to 26 May 1984, only one award of the Korea Defense Service Medal is authorized. c. The overseas service bar is an item of clothing. Although it was customary to list it on the DD Form 214, there is no provision to add items of clothing to the DD Form 214. d. Although DFAS cannot confirm his deployment to Somalia, he provides deployment orders, dated 8 December 1992, which show he was to report on 8 December 1992 in Support of Operation Restore Hope (Somalia) together with a manifest for passenger movement to Somalia, dated 12 January 2023. He also provides an order listing personnel released from temporary change of station at Somalia on or about 23 August 1993. The Board determined his DD Form 214 should be corrected to show his deployment to Somalia from 8 December 1992 to 23 August 1993. e. The eligibility criteria for award of the United Nations Medal requires that an individual serve under the operations or tactical control of the UN and serve a minimum of 90 consecutive days in the service of the UN. The Department of Defense approved United Nation Medals for UN Operation Somalia from 24 April 1992 to 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. Although the Department of Defense approved United Nation Medals for UN Operation Somalia from 24 April 1992 to 31 March 1995, there is insufficient evidence the applicant served under the operations or tactical control of the United Nations and/or was presented this medal by a representative of the UN Secretary General in the field BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF ME: GB: SM: 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, in addition to the corrections addressed in Administrative Note(s) below, by amending his DD Form 214 ending on 31 May 1995 as follows: * item 13, add the Korea Defense Service Medal * item 18, add Service in Somalia from 8 December 1992 to 23 August 1993 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 two awards of the Korea Defense Service Medal, the United Nations Medal, 4 overseas service bars, and change to his entry date. 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): administratively correct the applicant's DD Form 214 for the period ending on 31 May 1995 without action by the Board to add the Meritorious Service Medal (4th Award) to block 13 of the applicant's DD Form 214. REFERENCES: 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 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. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active-duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for: * Item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued * Item 12b, enter the Soldier’s transition/separation date * Item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b (less time lost) * Item 12d, enter the total amount of prior active military service less time lost, if any * Item 18, for an active-duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement, "Service in (Name of County Deployed) from (YYYYMMDD-YYYYMMDD)" 3. Army Regulation 635-5, effective 1 October 1979, was revised. Paragraph 1-4b(5) stated the DD Form 214 will not be prepared for enlisted members discharged for immediate reenlistment in the Regular Army. 4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 5-4 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. It is awarded to Soldiers of the U.S. Army for successful completion of overseas tours. Effective 1 August 1981, all Soldiers of the Regular Army, ARNG, and USAR in an active Reserve status are eligible for this award. The ribbon may be awarded retroactively to those personnel who were credited with successful completion of an overseas tour before 1 August 1981 provided they had a Regular Army status as defined above on or after 1 August 1981. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. b. Paragraph 2-22 states the Korea Defense Service Medal 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 Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Only one award of the Korea Defense Service Medal is authorized for any individual. c. Paragraph 9-10 states the United Nations Medal was established by the Secretary General of the UN and authorized on 7 January 1964 and amended on 28 February 2003. U.S. Servicemembers who are or have been in the service of the United Nations (UN) in operations designated by the Secretary of Defense may accept the United Nations Medal when awarded by the Chief of the UN mission. The eligibility criteria for award of the United Nations Medal requires that an individual serve under the operations or tactical control of the UN and serve a minimum of 90 consecutive days in the service of the UN. The Department of Defense approved United Nations Medals for UN Operation Somalia from 24 April 1992 to 31 March 1995. 5. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. The Overseas Service Bar is normally not entered on the DD Form 214 because it is an item of uniform wear, not an award or decoration. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005980 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1