IN THE CASE OF:	  

		BOARD DATE:	  4 September 2008

		DOCKET NUMBER:  AR20080006022 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his record be corrected to reflect his foreign service in Somalia and Haiti, and his entitlement to the Armed Forces Expeditionary Medal (AFEM).  

2.  The applicant states, in effect, that he would like his service in Somalia and Haiti documented in his record.   

3.  The applicant provides Leave and Earnings Statements (LESs) for May through September 1993 and for October through December 1994, and a Certificate of Participation in support of his application.  

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 submitted an application to the ABCMR on 12 July 2004, requesting his separation document (DD Form 214) be corrected to show his service in Somalia and Haiti, and his entitlement to the AFEM.  This application was administratively closed based on the lack of sufficient military records and/or evidence to allow the Board to conduct a fair and impartial review of the case.

3.  The military record of the applicant now provided for Board review contains primarily documents and records from his United States Army Reserve (USAR) service between 19 August 1988 through 7 June 1992; and his Army National Guard (ARNG) service between 8 June and 3 December 1992.  This record is void of any orders or documents showing assignment to or service in Somalia and/or Haiti.  

4.  The applicant's Regular Army (RA) separation document (DD Form 214) covering his active duty service from 4 December 1992 through 24 February 1995, is also provided for Board review.  The DD Form 214 along with the documents provided by the applicant were the primary records/documents used for the review of this case.  

5.  The applicant's DD Form 214 shows he enlisted in the RA and entered active duty on 4 December 1992.  It further shows that he held and served in military occupational specialty (MOS) 51K (Plumber), and that he held the rank of specialist (SPC) on the date of his release from active duty (REFRAD) on 24 February 1995.  

6.  Item 12f (Foreign Service) of the DD Form 214 contains the entry 
"0000  00  00."  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the National Defense Service Medal (NDSM) and the Army Service Ribbon (ASR) during his active duty tenure. Item 18 (Remarks) is void of any entry pertaining to service in Somalia or Haiti, and the applicant authenticated this document with his signature in Item 21 (Signature of Member Being Separated) on the date of his REFRAD.

7.  The applicant provides an Operation Continue Hope Certificate of Participation, which was issued based on his dedicated service while deployed to Somalia in support of Operation Continue Hope.  The certificate was signed by his battalion commander at Hunter Base, Mogadishu, Somalia, on 25 August 1993.  He also provides LESs for the months of May through September 1993, which show he was receiving Hazardous Duty Pay (HDP)/Imminent Danger Pay (IDP) during these months.   


8.  The applicant also provides LESs showing he received HDP/IDP for the months of October through December 1994.  However, he provides no documents related to overseas or deployed service during this period, and none were on file in the military record provided for the Board’s review. 

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-12 contains guidance on award of the AFEM.  It states, in pertinent part, that it is authorized for participation in Somalia operations between 5 December 1992 and 31 March 1995, and for participation in Haiti operations between 16 September 1994 and 31 March 1995.  

10.  Army Regulation 635-5 (Separation Documents) 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 also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for preparation of the DD Form 214.  The instructions for Item 12f are to add all overseas service completed during the period covered by the DD Form 214, and the instructions for Item 13 are to add all earned military awards.  The instructions for Item 18 state, in pertinent part, that for an active duty Soldier deployed with his or her unit during the period covered by the DD Form 214, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be added to Item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his service in Somalia and entitlement to the AFEM should be reflected on his separation document was carefully considered and found to have merit.  Although the DD Form 214 on file gives no indication of Somalia service, the LESs provided by the applicant, as corroborated by the Operation Continue Hope Certificate he provided, is sufficient evidence to conclude he served in Somalia between May and September 1993, and that he is entitled to the AFEM based on this service.  Therefore, it would be appropriate to amend Item 12f of his DD Form 214 by deleting the current entry and replacing it with the entry "00  05  00"; by adding the AFEM to Item 13; and by adding the entry "SERVICE IN SOMALIA FROM 19930501-19930930."

2.  The applicant's contention that his service in Haiti should be reflected on his record and separation document was also carefully considered.  However, although he provides LESs showing he received HDP/IDP between October and December 1994, which makes it possible that he served in Haiti during this period, absent any evidence of record (assignment/reassignment orders, 
participation certificates, or other documents) to corroborate and/or confirm his service in Haiti, there is an insufficient evidentiary basis to support granting this portion of the requested relief.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 24 February 1995 DD Form 214 as follows:  Item 12F - delete the current entry and replace it with the entry "00  05  00"; Item 13 - by adding the Armed Forces Expeditionary Medal; Item 18 - by adding the entry "SERVICE IN SOMALIA FROM 19930501-19930930"; and by providing him a correction to his separation document that reflects 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 documenting Haiti service on his DD Form 214.



      ________x______________
               CHAIRPERSON
      
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.
ABCMR Record of Proceedings (cont)                                         AR20080006022



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080006022



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1