RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 August 2007
	DOCKET NUMBER:  AR20070001746 


	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.


Ms. Catherine C. Mitrano

Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Michael J. Flynn

Chairperson

Mr. Larry W. Racster

Member

Mr. Donald W. Steenfott

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, correction of his records to show that he served in combat in Somalia.

2.  The applicant states, in effect, there is nothing on his discharge document that shows he served in combat in Somalia during the period February 1993 to June 1993.  He also states, in effect, he was not aware that this information was supposed to be recorded on his discharge document.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 1 August 1995.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military service records show that he enlisted in the U.S. Army Reserve on 6 July 1992 and entered active duty in the Regular Army for a period of 3 years on 25 September 1992.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 62B (Construction Equipment Repairer).

3.  The applicant's military service records are absent documentation that shows he deployed to Somalia in support of Operation Restore Hope during the period
5 December 1992 through 28 February 1995 or that he deployed to Somalia in support of Operation United Shield during the period 1 – 31 March 1995.

4.  The applicant's military service records contain a DD Form 214 that shows the applicant was honorably REFRAD on 1 August 1995 after completing a total of
2 years, 10 months, and 7 days net active duty service.  Item 12 (Record of Service), Block f (Foreign Service), of the DD Form 214 contains the entry "0000 [Years], 00 [Months], 00 [Days]."  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, and Army Lapel Button.  Item 18 (Remarks) of the DD Form 214 is absent an entry pertaining to service in Somalia in support of Operation Restore Hope or Operation United Shield.  Item 21 (Signature of Member Being Separated) of the DD Form 214 shows that the applicant placed his signature on the document.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for
30 consecutive or 60 nonconsecutive days.

6.  Headquarters, U.S. Total Army Personnel Command, Alexandria, Virginia, message 93-202, date-time group 251542Z May 1993, authorized the Armed Forces Expeditionary Medal for members of the U.S. Armed Forces who participated in Operation Restore Hope and Operation United Shield in Somalia beginning 5 December 1992.  No orders were promulgated for this award; however, unit personnel agencies were responsible for updating the records of personnel eligible for the Armed Forces Expeditionary Medal to show this award. Award of the Armed Forces Expeditionary Medal for these operations was terminated effective 31 March 1995 by Headquarters, U.S. Total Army Personnel Command, Alexandria, Virginia, message, date-time group 170650Z May 1995.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the
DD Form 214 will be the Personnel Qualification Record (PQR), Officer Record Brief (ORB), enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, the Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).


8.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time of the applicant's discharge, contains item-by-item instructions for completing the DD Form 214.  The instructions for completing Item 12, Block f, state to enter the total amount of foreign service completed during the period covered by the DD Form 214, as taken from the PQR/ORB.  The instructions for Item 13 show that the awards entered will be for all periods of service and instructs the preparing official to check the Soldier's service records for the validity of awards.  The instructions for preparation of Item 18 (Remarks) state that 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 Country Deployed) from (inclusive dates; for example, YYYYMMDD - YYYYMMDD)."   This Army regulation also provides that for Item 21 (Signature of Member Being Separated) that the signature indicates a Soldier has reviewed the form and accepts the information as being correct to the best of their knowledge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show that he served in combat in Somalia during the period February 1993 to June 1993.  However, the applicant provides insufficient evidence in support of his request.

2.  The applicant’s military service records, which include his DD Form 214 and documents filed in his OMPF, are absent any indication or information to substantiate that he was deployed to Somalia during the period February 1993 to June 1993.  There is also no evidence of record showing the applicant was awarded the Armed Forces Expeditionary Medal, which was an authorized award for service in Somalia in support of Operation Restore Hope during the period
5 December 1992 to 28 February 1995.  In addition, there is no evidence of record showing the applicant was awarded the Armed Forces Expeditionary Medal, which was an authorized award for service in Somalia in support of Operation United Shield during the period 1 – 31 March 1995.

3.  The evidence of record shows the applicant authenticated his DD Form 214 with his signature on the date of his separation.  In effect, this was his verification that the information contained on the separation document, to include the entries in Item 12 (Block f), Item 13, and Item 18 was correct at the time the document was prepared and issued.  Absent additional evidence corroborating the fact that he served in Somalia in direct support of Operation Restore Hope (or Operation United Shied) and the specific period of the overseas service, there is an insufficient evidentiary basis to provide the requested relief at this time.
4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___MJF__  ___LWR_  ___DWS_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence p resented 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.




____Michael J. Flynn____
          CHAIRPERSON



INDEX

CASE ID
AR20070001746
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/08/14
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19950801
DISCHARGE AUTHORITY
AR 635-200, Paragraph 16-8
DISCHARGE REASON
Reduction in Force
BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
110.0000.0000
2.

3.

4.

5.

6.