RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 December 2005
      DOCKET NUMBER:  AR20050005438


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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 the following corrections be
made to his DD Form 214 (Certificate of Release or Discharge from Active
Duty) with a separation date of 18 April 1996:

      a.  Item 14 (Military Education) - add the Mountain Warfare (Winter),
3 weeks, 24 March 1993; and

      b.  Item 18 (Remarks) - add deployment to Somalia from 13 October
1993 to March 1994.

2.  The applicant states, in effect, that:

      a.  he attended the Mountain Warfare (Winter) for 3 weeks;

      b.  he was deployed to Somalia from 13 October 1993 to March 1994 and
then deployed to Haiti from 13 September 1994 to 16 January 1995.  The
applicant further states that he was awarded the Armed Forces Expeditionary
Medal for his service in Somalia.  He also states that while he was
assigned to the 10th Mountain Division at Fort Drum, New York, he was
attached  to the 2nd  Battalion 22nd Infantry; A Company, 1st Battalion,
87th Infantry; and B Company, 1st Battalion, 87th Infantry.

3.  The applicant provides a copy of:

      a.  his DD Form 214 with a separation date of 18 April 1996; and

      b.  a Military Service Data Screen from a data base that appears to
be maintained by the Department of Veterans Affairs (DVA).  This screen
contains a entry that reflects service in Somalia, combat, from September
1993 to March 1994.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 April 1996, the date he was released from active duty.  The
application submitted in this case is dated 30 March 2005, and was received
on 8 April 2005.

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 limitations 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 military records show that he initially enlisted in the
U.S. Army on 4 April 1989, for a period of 4 years and 14 weeks.  He
successfully completed basic combat and advanced individual training and
was awarded the military occupational specialty 11B10 (light weapons
infantryman).  The applicant reenlisted on 19 April 1993 for a period of 3
years.

4.  The applicant attended the Mountain Warfare (Winter) Course during the
period from 6 March 1993 to 20 March 1993.

5.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel
Qualification Record) showed the applicant was deployed to Haiti during the
period from 13 September 1994 to 16 January 1995.  Item 5 contains no
entries showing a deployment to Somalia.

6.  Item 36 (Current and Previous Assignments) of the applicant's DA Form 2-
1 showed that he was assigned to the 2nd Battalion, 22nd Infantry during
the period from 26 July 1989 to 18 April 1996, the date of his release from
active duty.

7.  Item 27 (Remarks) of the applicant's DA Form 2-1 showed that he had
duty
in an imminent danger pay area, Haiti, during the period 13 September 1994
to 16 January 1995.

8.  There are no orders or other evidence that showed the applicant was
deployed to Somalia.

9.  On 18 April 1996, the applicant was released from active duty due to
completion of required active service.  He had completed 7 years and 12
days of active duty that was characterized as honorable.

10.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
contained an entry for the Armed Forces Expeditionary Medal.

11.  Item 18 (Remarks) of the applicant's DD Form 214 contains the entry:
"Service in Haiti: 940913 - 950116" (13 September 1994 to 16 January 1995).

12.  Commander, Total Army Personnel Command message 170650Z May 95
provided for the award of the Armed Forces Expeditionary Medal for U.S.
Armed Forces who participated in Operation Restore Hope and United Shield
in Somalia from 5 December 1992 to 31 March 1995.

13.  Commander, Total Army Personnel Command message 170651Z May 95
provided for the award of the Armed Forces Expeditionary Medal for U.S.
Armed Forces who participated in Operation Uphold Democracy in Haiti
beginning
16 September 1994 to 31 March 1995.

14.  Army Regulation 635-5 (Separation Documents), then in effect,
established the standardized policy for preparing and distributing the DD
Form 214.  In pertinent part, it stated that formal in-service (full-time
attendance) training courses successfully completed during the period of
service covered be listed will be entered in Item 14 (Military Education
[Course title, number of weeks, and month and year completed]).  This
regulation further stated that training courses for combat skills will not
be listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his completion of the Mountain Warfare
(Winter) should be entered on his DD Form 214.

2.  Although the evidence shows that the applicant did attend the Mountain
Warfare (Winter) Course, the regulation specifically states that courses
for combat skills will not be listed on the DD Form 214.  The Board notes
that the Mountain Warfare (Summer) course is currently listed on the DD
Form 214.  However, it is the policy of the Board not to continue an error
that is already entered in the record.  Therefore, the entry of the
Mountain Warfare (Winter) course on the applicant's DD Form 214 is not
authorized by regulation.

3.  The applicant contends that he deployed to Somalia from 13 October 1993
and was awarded the Armed Forces Expeditionary Medal for his service there.
 The applicant also contends that he was attached to A Company, 1st
Battalion, 87th Infantry; and B Company, 1st Battalion, 87th Infantry.

4.  There is no evidence that the applicant was deployed to Somalia or that
he was attached to A Company, 1st Battalion, 87th Infantry; and B Company,
1st Battalion, 87th Infantry.  Although the Armed Forces Expeditionary
Medal was awarded for qualifying service in Somalia, the evidence showed
that the Armed Forces Expeditionary Medal was also awarded for qualifying
service during the time that the applicant was deployed to Haiti.  Based on
the evidence, it would appear that the applicant was awarded the Armed
Forces Expeditionary Medal based on his service in Haiti.

5.  There is no corroborating evidence to support the entry on the Military
Service Data Screen in DVA's data base for service in Somalia.  The Board
does not correct military records based on data maintained by other
agencies when the source of that data is unknown.  Therefore, there is
insufficient evidence to show the applicant was deployed to Somalia.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 April 1996, the date he was
released from active duty; therefore, the time for the applicant to file a
request for correction of any error or injustice expired on 17 April 1999.
The applicant did not file within the 3-year statute of limitations and has
not provided a compelling explanation or evidence to show that it would be
in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_TSK_____  __JBM__  _RLD___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations
prescribed by law.  Therefore, there is insufficient basis to waive the
statute of limitations for timely filing or for correction of the records
of the individual concerned.


                                  _____Ted S. Kanamine______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051222                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |120.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]