IN THE CASE OF:	  

		BOARD DATE: 	         27 May 2009

		DOCKET NUMBER:  AR20080016951 


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 correction of his DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to show the correct dates of his service in Southwest Asia and to show his service in Somalia. 

2.  The applicant states, in effect, he served in Kuwait from 1 April 1993 to 1 June 1993 and from 1 October 1994 to 31 December 1994 and in Somalia from 
27 October 1993 to 7 February 1994.  He argues that the DD Form 215 is incorrect because it does not show his correct overseas service dates.

3.  The applicant provides a DD Form 214 and a DD Form 215 in support of this 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 enlisted in the Regular Army (RA) on 6 April 1992.  He completed basic combat and advance individual training and was awarded military occupational specialty (MOS) 92A (Automated Logistical Specialist).  He was honorably released from active duty on 5 April 1996 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

3.  The Desert Shield/Desert Storm Data Base shows the applicant served in Southwest Asia from 1 April 1993 to 31 May 1993 and from 1 October 1994 to 
31 December 1994.

4.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant served in Kuwait during the period April – May 1993 and in Somalia during the period October 1993 to February 1994.

5.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/
Storm Data Base.  The primary Desert Shield/Desert Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.  There are also separate files covering calendar years 1994 and 1995.

6.  On 17 January 2006, the applicant was issued a DD Form 215 which amended block 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 by adding the Southwest Asia Service Medal with one bronze service star and the Kuwait Liberation Medal (Kuwait).  This DD Form 215 also amended block 18 (Remarks) of his DD Form 214 by adding the entry "Served in Southwest Asia from 1 April 1993 to 31 March 1994 and 1 October 1994 to 31 December 1994."  This DD Form 215 does not show his service in Somalia.  

7.  Block 12f (Foreign Service) of the applicant's DD Form 214 shows he completed 3 months and 11 days of foreign service.  

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy 

for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in block 
18 (Remarks).  This regulation also states that the total amount of foreign service completed during the period covered by the DD Form 214 will be entered in block 12f.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been carefully reviewed and found to have partial merit.

2.  The Desert Shield/Storm Data Base confirms that the applicant served in Southwest Asia from 1 April 1993 to 31 May 1993 and from 1 October 1994 to
31 December 1994.  DFAS records also confirm he served in Somalia during the period from October 1993 – February 1994.  

3.  Although DFAS records do not provide the specific dates of the applicant's service in Somalia, the applicant's statement that he served in Somalia from 
27 October 1993 to 7 February 1994 is within the time frame stated by DFAS.  Therefore, the applicant's stated inclusive dates are accepted as sufficient evidence to correct his records to show this service.

4.  An error appears to have been made regarding the applicant's service dates in Southwest Asia on the DD Form 215.  This DD Form 215 should have also corrected the applicant's records to show his service in Somalia.

5.  Block 12f of the applicant's DD Form 214 appears to be incorrect and should be corrected to show the total amount of his foreign service which is 8 months and 5 days.

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:

	a.  voiding the DD Form 215, dated 17 January 2006;

	b.  adding to block 13 of the applicant's DD Form 214 the Southwest Asia Service Medal with one bronze service star and the Kuwait Liberation Medal (Kuwait);

   c.  adding to block 18 of the applicant's DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19930401 - 19930531 AND FROM 19941001 - 19941231," and "SERVICE IN SOMALIA FROM 19931027 - 19940207"; by 

	d.  deleting from block 12f of the applicant's DD Form 214 the entry "0000 03 11" and replacing it with the entry "0000 08 05"; and 

	e.  providing the applicant a new DD Form 215 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 show he served in Southwest Asia from 1 April 1993 to 1 June 1993.



      __________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)                                         AR20080016951



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ABCMR Record of Proceedings (cont)                                         AR20080016951



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