RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          9 September 2004
      DOCKET NUMBER:  AR2004100079


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Ms. Linda D. Simmons              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his record be corrected to show
all overseas service and all awards and decorations to which he is
entitled.

2.  The applicant states, in effect, that his record does not credit him
with overseas service he performed in Somalia, from 3 January through 3
April 1993 and from 25 August through 15 December 1993; and for service he
performed in Haiti, from 22 September 1994 through 3 March 1995.  He also
claims that his record should show he earned the following awards:
National Defense Service Medal; Army Service Ribbon; Armed Forces
Expeditionary Medal; and United Haiti Medal.  He also states his record
should show he is entitled to the 10th Mountain Division and 507th Corp
Support Group Shoulder Sleeve Insignia, for former war time service and to
Combat Sleeve Stripes for 12 months of combat service.

3.  The applicant provides the following three exhibits in support of his
application:  Personnel Qualification Record (DA Form 2-1); Award Orders
and Certificates; and Overseas Travel Orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 21 July 1995.  The application submitted in this case is
dated
24 October 2003.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s record shows that he entered active duty in the Regular
Army on 21 January 1992.  He was trained in, awarded and served in military
occupational specialty (MOS) 51B (Carpentry and Masonry Specialist) and the
highest rank he attained while serving on active duty was specialist (SPC).
4.  Item 5 (Overseas Service) of his DA Form 2-1 contains one entry that
indicates the applicant served in Somalia for two months, from 10 January
through 10 March 1993.  Item 9 (Awards, Decorations & Campaigns) indicates
that he earned the following awards during his active duty tenure:
National Defense Service Medal; Army Service Ribbon; Expert Qualification
Badge with Hand Grenade Bar; and Sharpshooter Qualification Badge with
Rifle Bar.

5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy of a Certificate of Achievement issued to the applicant in recognition
for his outstanding contributions to Operation Continue Hope and a
Recommendation for Award (DA Form 638), which awarded him the Army
Achievement Medal (AAM), for meritorious service while participating in
Operation Continue Hope in Somalia from 25 August through 15 December 1993.


6.  The MPRJ also contains a copy of memorandum from the Adjutant,
52nd Engineer Combat Battalion, Fort Carson, Colorado, dated 1 July 1993,
requesting that the applicant and other soldiers of the unit be awarded the

Armed Forces Expeditionary Medal (AFEM) based on having been deployed to
Somalia for a period exceeding 90 days.

7.  The MPRJ also includes a DA Form 638 and Certificate of Achievement
that confirm the applicant was recognized for his meritorious achievement
while serving in Operation Restore Hope from 10 January through 15 March
1993.

8.  Permanent Orders Number 027-11, dated 11 September 1994, authorized the
applicant’s unit to move on a temporary change of station in support of
Operation Maintain Democracy in Haiti on 22 September 1994.  The MPRJ also
contains a copy of a Certificate of Achievement awarded to the applicant
for his contribution to the success of Operation Maintain Democracy and
Operation Uphold Democracy in Haiti.  There is also a copy of a Certificate
of Participation awarded to him for being a member of Combined Joint Task
Force 190, a multi-national force supporting Operation Uphold Democracy in
Haiti.  However, there are no orders or other documents on file that
confirm the period the applicant served in Haiti.
9.  On 21 July 1995, the applicant was separated after completing a total
of
3 years, 6 months and 1 day of active military service.  The DD Form 214 he
was issued confirms he was separated under the provisions of chapter 13,
Army Regulation 635-200, by reason of unsatisfactory performance, and that
he received a general, under honorable conditions discharge.  Item 13
(Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized) shows that he earned the following awards during his tenure on
active duty:  National Defense Service Medal, Army Service Ribbon,
Sharpshooter Qualification Badge with Rifle Bar and Expert Qualification
Badge with Grenade Bar.

10.  Army Regulation 600-8-22 prescribes the policy on Army awards and
decorations.  Paragraph 2-12 contains guidance on award of the AFEM.  It
states, in pertinent part, that it is authorized for service in location of
30 days or more in support of United States military operations, United
States operations in direct support of the United Nations, and United
States operations of assistance for friendly foreign nations.  The
regulation stipulates that 1 bronze service star is worn to denote
subsequent award of the AFEM.

11.  The Chairman, Joint Chiefs of Staff approved award of the AFEM for
members of United States Armed Forces units that participated in Operation
Restore Hope in Somalia beginning on 5 December 1992.  Authorization for
this award was announced in Military Personnel (MILPER) Message (MSG)
Number (#) 93-202.  He also approved award of the AFEM for members of
United States Armed Forces units that participated in Operation Uphold
Democracy in Haiti beginning 16 September 1994.  Authorization for this
award was announced in MILPER MSG # 95-69.

12.  Army Regulation 635-5 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.  Chapter 2 contains item by
item preparation instructions for the DD Form 214.  The guidance for
preparation of Item 18 (Remarks) states, in pertinent part, that the
following entry will be entered for active duty soldiers deployed with
their units to a foreign country during the period covered by the DD Form
214:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for
example, YYYYMMDD - YYYYMMDD)."

13.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia) Wear and Appearance of Army Uniforms and Insignia) prescribes the
awards, insignia, and accouterments authorized for wear on the uniform, and
how these items are worn.
14.  Paragraph 28-17 of Army Regulation 670-1 provides guidance on shoulder
sleeve insignia former wartime service (SSI-FWTS).  It states that
authorization to wear a shoulder sleeve insignia indicating former wartime
service applies only to soldiers who are assigned to U.S. Army units that
meet all the following criteria. Soldiers who were prior members of other
Services that participated in operations that would otherwise meet the
criteria below are not authorized to wear the SSI-FWTS.  Wear is reserved
for individuals who were members of U.S. Army units during the operations.
It further confirms that wear of the SSI-FWTS insignia is authorized for
service in Somalia: from 5 December 1992 to
31 March 1995, both dates inclusive, for soldiers who participated in
Operation Restore Hope/Continue Hope/United Shield.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his record should be corrected to show
all the foreign service he performed during unit deployments to Somalia and
Haiti and the awards to which he is entitled as a result of this service
was carefully considered and found to have partial merit.

2.  The evidence of record contains orders, award certificates and other
documents that confirm the applicant performed foreign service in support
of Operations Restore Hope and Continue Hope in Somalia from 3 January
through 3 April 1993 and from 25 August through 15 December 1993.  As a
result, it would be appropriate to correct his record and separation
document to account for this service and to show that it entitles him to
the AFEM, which should also be added to his record.

3.  The record also confirms he was deployed to Haiti with his unit in
support of Operations Maintain Democracy and Uphold Democracy on 22
September 1994. However, the period the applicant served in Haiti is not
documented in either the evidence of record or in the independent evidence
he provided.  Given the periods served in a foreign country are necessary
to support a records entry and because AFEM is based on time served in the
qualifying area, lacking specific evidence regarding the period the
applicant served in Haiti, there is an insufficient evidentiary basis to
support granting the requested relief in regard to the applicant’s service
in Haiti.  The applicant is advised that if he can provide documentary
evidence that shows the period he served in Haiti, he may reapply to the
Board for reconsideration of this issue.
4.  Although his Somalia service in support of Operation Uphold Democracy
entitled him to wear the SSI-FWTS on his uniform, the applicant is advised
that the SSI-FWTS insignia is not an authorized award or decoration
requiring a records or separation document entry.  As a result, no records
correction on this issue is necessary.

BOARD VOTE:

________  ________  ____ __  GRANT FULL RELIEF

_JEV ___  __JEA __  __LDS__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by amending his 21 July
1995 DD Form 214 as follows:

      a.  Item 13- by adding the Armed Forces Expeditionary Medal-Somalia;


      b.  Item 18- by adding the entry "SERVICE IN SOMALIA FROM 19930103-
19930403 AND FROM 19930825-19931215”; and


      c.  by providing him a corrected separation document that includes
these changes.


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
corrections related to his Haiti service.




            _      JAMES E. VICK ____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004100079                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/09/DD                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1995/07/21                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Unsat Performance                       |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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