RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 4 April 2008
DOCKET NUMBER: AR20070018617
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.
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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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Somalia and to show any awards he received for service in Somalia.
2. The applicant states that he served six months in combat situations in Somalia and he feels that he deserves to be recognized for his actions in Somalia.
3. The applicant provides a copy of his DD Form 214; a personal letter to his mother, dated 24 October 1993; and post-marked envelopes from overseas.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 2 October 1992 for a period of three years. At the completion of basic training and advanced individual training, he was awarded military occupational specialty 77F (petroleum supply specialist).
3. His DD Form 214 shows he served in Haiti from 19 September 1994 to 18 January 1995. Item 12f (Foreign Service) on his DD Form 214 does not show any foreign service.
4. The applicant was honorably released from active duty on 11 August 1995. His DD Form 214 does not show he served in Somalia.
5. His DD Form 214 shows the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Army Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.
6. The applicant provided copies of envelopes from overseas which were
post-marked October 1993, November 1993, and December 1993.
7. Army Regulation 635-5 (Separation Documents) directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he served six months in combat situations in Somalia. However, there is no evidence of record, and the applicant has not provided any evidence (i.e. Leave and Earnings Statements to show he received hostile fire pay or Travel Vouchers), to verify he served in Somalia.
2. The post-marked envelopes and the letter provided by the applicant were noted. However, the letter does not mention Somalia. Therefore, these documents alone are insufficient evidence as a basis to correct his records to show service in Somalia.
3. The applicants DD Form 214 shows he served in Haiti from 19 September 1994 to 18 January 1995, which is a period of 4 months. However, his DD Form 214 does not reflect any foreign service in item 12f. Therefore, it would be appropriate to amend item 12f to show 4 months of foreign service.
4. There is no evidence of record which indicates the applicant is entitled to any additional awards.
5. Evidence shows that the applicants records contain an administrative error which does not require action by the Board. Therefore, administrative correction of the applicants records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
x______ x______ x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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. The Board determined that an administrative error in the records of the individual concerned should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show 4 months of foreign service in item 12f on his DD Form 214.
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