IN THE CASE OF:
BOARD DATE: 24 February 2009
DOCKET NUMBER: AR20080017356
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 DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected to reflect his overseas service.
2. The applicant states, in effect, that he served in Somalia from 20 May through 1 August 2003, and that this overseas service is not shown on his DD Form 214.
3. The applicant provides his DD Form 214, an Army Achievement Medal (AAM) certificate and Department of Veterans Affairs letter 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 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's record shows that he enlisted in the Regular Army and entered active duty on 31 July 1992, and that he was trained in and awarded military occupational specialty (MOS) 77W (Water Treatment Specialist). His Personnel Qualification Record (DA Form 2-1) shows that upon completion of training, the applicant was assigned to Fort Carson, Colorado, where he arrived for duty on 19 November 1992, and that he served there with the 493rd Supply and Service Company until his release from active duty (REFRAD).
3. On 30 July 1996, the applicant was honorably REFRAD, in the rank of specialist (SPC), after completing a total of 4 years of active military service. Item 12f (Foreign Service) of the DD Form 214 he was issued at the time contains an entry indicating he completed no overseas service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) lists the awards he earned during his active duty tenure and includes the Armed Forces Expeditionary Medal. Item 18 (Remarks) is void of any entry indicating he was deployed overseas during his active duty tenure.
4. A review of the applicant's Defense Finance and Accounting Service (DFAS) record was completed. This review confirmed the applicant served in Somalia from 18 May through 9 September 1993, and that he received hostile fire pay/imminent danger pay (HFP/IDP) from 1 May through 30 September 1993.
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5. The applicant provides an AAM certificate that confirms he was awarded the AAM for meritorious service in support of Operation Continue Hope in Somalia between May and August 1993.
6. 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 of contains item-by-item instructions for preparing the DD Form 214. The instructions for Item 12f state to enter the total amount of foreign service completed during the period covered by the DD Form 214. The instructions for Item 18 state, in pertinent part, that for active duty Soldiers deployed with their unit during their continuous period of active service 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 evidence of record confirms he deployed to Somalia with his unit in support of Operation Continue Hope and that he served there from 18 May through 9 September 1993, as evidenced by his DFAS record, which is corroborated by the AFEM entry in Item 13 of his DD Form 214 and the AAM certificate he provides.
2. By regulation, all overseas service completed during the period covered by a DD Form 214 will be entered in Item 12f, and an entry for deployed service will be included in Item 18. Therefore, it would be appropriate to amend the applicant's DD Form 214 by deleting the current entry in Item 12f and replacing it with the entry "0000 03 22" and adding the entry "SERVICE IN SOMALIA FROM 19930518-19930909."
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by deleting the current entry in Item 12f and replacing it with the entry "0000 03 22"; by adding the entry "SERVICE IN SOMALIA FROM 19930518-19930909"; and by providing him a correction to his DD Form 214 that reflects these changes.
_______ _ 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) AR20080017356
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ABCMR Record of Proceedings (cont) AR20080017356
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