IN THE CASE OF:	  

		BOARD DATE:	  	  21 May 2009

		DOCKET NUMBER:  AR20090001774 


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, correction of the DD Form 214 (Certificate of Release or Discharge from Active Duty) that was administratively issued on
11 November 2006 as a result of an application he previously submitted to the Army Board for Correction of Military Records (ABCMR).

2.  The applicant states, in effect, that the DD Form 214 administratively issued on 11 November 2006 contains errors, as outlined below.

   a.  Item 12 (Record of Service), block f (Foreign Service), shows he completed 3 years and 19 days of foreign service.  The applicant states he served in Somalia from 18 August 1993 to 15 January 1994, this equates to
5 months and 28 days, and this overseas service should be added to item 12, block f.  In addition, he served in Haiti from 21 September to 3 December 1994, this equates to 3 months and 12 days, and this overseas service should also be added to item 12, block f.

   b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows award of the “Armed Forces Expeditionary Mdl  (2d Awd).”  This award should be recorded as “Armed Forces Expeditionary Medal with 1 bronze service star.”

   c.  The Valorous Unit Award was omitted from his DD Form 214 and should be added to item 13, in item 18 (Remarks), after the entry “FROM BLOCK 13.”

   d.  Spell out all authorized awards and decorations that appear in item 13 and item 18.  Do not use abbreviations.

   e.  Item 18 contains the entry “MEMER (sic) HAS COMPLETED FIRST FULL TERM OF SVC.”  This entry should be corrected to read “MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE.”

   f.  Item 18 contains the entry “SVC IN SOMALIA 18AUG1993 TO 5JAN1994.”  This entry should be corrected to read “SERVICE IN SOMALIA 18 AUG 1993 TO 15 JAN 1994 (OPERATION CONTINUE HOPE).”

   g.  Item 18 contains the entry “SVC IN HAITI 21SEP1994 TO 3DEC1994.” This entry should be corrected to read “SERVICE IN HAITI 21 SEPT 1994 TO
3 DEC 1994 (OPERATION UPHOLD DEMOCRACY).”

   h.  Modify item 18 by increasing its size to accommodate the additional/ expanded entries, otherwise prepare a continuation sheet to the DD Form 214.

   i.  Issue a new consolidated DD Form 214 to replace the DD Form 214 administratively issued on 11 November 2006.
   
3.  The applicant provides copies of two DD Forms 214 with an effective date of 18 April 1995, one issued on 18 April 1995 and the other on 11 November 2006; and five DD Forms 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 27 March 2000, 14 October 2003, 1 July 2004, 23 November 2004, and 14 October 2005.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the consideration of the applicant's case by the ABCMR in Docket Number AR20060007719 on 13 July 2006.

2.  On 13 July 2006, the ABCMR determined that the applicant’s DD Form 214 with an effective date of 18 April 1995 should be reissued to consolidate all of the corrections from the previously issued DD Forms 215, along with the corrections made by the ABCMR in Docket Number 20060007719 on 13 July 2006.  Accordingly, a DD Form 214 was administratively issued on 11 November 2006.

3.  The two DD Forms 214 with an effective date of 18 April 1995 (issued on
18 April 1995 and 11 November 2006) both show in item 12, block f, that the applicant was credited with completing 3 years and 19 days of foreign service.

4.  The two DD Forms 214 with an effective date of 18 April 1995 (issued on
18 April 1995 and 11 November 2006) both show in item 13 that the applicant was awarded the Armed Forces Expeditionary Medal (2nd Award).  

5.  The applicant’s military personnel records contain a DD Form 215, dated
14 October 2005, that shows, in pertinent part, item 13 of the applicant’s
DD Form 214 with an effective date of 18 April 1995 was corrected to add the Valorous Unit Award.

6.  Item 13, including the item’s continuation in item 18 of the DD Form 214 with an effective date of 18 April 1995 (issued on 11 November 2006), is absent an entry showing the Valorous Unit Award.

7.  Item 13, including the item’s continuation in item 18 of the DD Form 214 with an effective date of 18 April 1995 (issued on 11 November 2006), contains abbreviations in most all of the award entries listed.

8.  Item 18 of the DD Form 214 with an effective date of 18 April 1995 (issued on 18 April 1995), in pertinent part, contains the entry “MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE.”

9.  Item 18 of the DD Form 214 with an effective date of 18 April 1995 (issued on 11 November 2006), in pertinent part, contains the entry “MEMER (sic) HAS COMPLETED FIRST FULL TERM OF SVC.”

10.  Item 18 of the DD Form 214 with an effective date of 18 April 1995 (issued on 18 April 1995), in pertinent part, contains the entry “SERVICE IN SOMALIA: 930818 TO 940115.”

11.  Item 18 of the DD Form 214 with an effective date of 18 April 1995 (issued on 11 November 2006), in pertinent part, contains the entry “SVC IN SOMALIA 18AUG1993 TO 5JAN1994.”  

12.  Item 18 of the DD Form 214 with an effective date of 18 April 1995 (issued on 18 April 1995), in pertinent part, contains the entry “SERVICE IN HAITI:  940921 TO 941203.”

13.  Item 18 of the DD Form 214 with an effective date of 18 April 1995 (issued on 11 November 2006), in pertinent part, contains the entry “SVC IN HAITI 21SEP1994 TO 3DEC1994.”

14.  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 been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  The Military Awards regulation also states, in pertinent part, that no more than one medal will be awarded to any one service member.  For each succeeding operation, conducted in a different theater of operations or against a different enemy/armed force, justifying a subsequent award, a bronze service star is worn on the suspension and service ribbon of the medal.

15.  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, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).

16.  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.

   a.  Item 12 (Record of Service) states to use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc. are based upon the information contained herein.  Block f (Foreign Service) states to enter the total amount of foreign service completed during the period covered in Item 12, block c.  Obtain the foreign service listed in Section 1 of the DA Form 4037 (Officer Record Brief) for officers or item 5 of the DA Form 2-1 (Personnel Qualification Record) for enlisted Soldiers to compute this entry.  If necessary, verify the foreign service in the MPRJ/OMPF.

   b.  Item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) states that entries will be for all periods of service.  Check the Soldier’s military service records for the validity of awards.  Do not abbreviate when listing the entries.  List the entries in order of precedence.

   c.  Item 18 (Remarks) states to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for their blocks. Subparagraph r (Closing Entry) states, after the last entry in the block with double slashes, enter “NOTHING FOLLOWS” or “SEE ATTACHED CONTINUATION SHEET.”

17.  Commander, U.S. Army Total Personnel Command, Alexandria, Virginia, MILPER Message 91-176, date-time group 021659Z May 1991, subject:  Posting Tour Credit for Soldiers Returning from Desert Storm, provided procedures to implement the Headquarters, Department of the Army, Deputy Chief of Staff,
G-1, decision to award short tour credit to Soldiers that served in Southwest Asia (SWA).  This MILPER message also provided guidance for recording overseas service in SWA in military personnel records, including the from date, through date, area/country, and number of months served in SWA.  Based on this data, the country and dates of the overseas service were recorded in item 18.

18.  Army Regulation 635-5, effective 30 September 2000, prescribes policies and procedures regarding separation documents.  Paragraph 2-4 (Completing the DD Form 214) states, in pertinent part, avoid abbreviations whenever possible, since the form is often used by civilian organizations.

   a.  Subparagraph e provides, in pertinent part, when a DD Form 214 has been prepared and distributed, and it is subsequently determined that it was prepared in error (for example, should not have been prepared at all), void the DD Form 214 by memorandum.
   
   b.  Subparagraph h provides detailed instructions for completing each block. 

		(1)  The instructions for completing item 12, block f, state, from the Enlisted Record Brief/Officer Record Brief, enter the total amount of foreign service completed during the period covered by block 12c of the DD Form 214.

		(2)  The instructions for completing item 13 state list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.

        (3)  The instructions for completing item 18 state, in pertinent part, “[f]or a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession.  (However, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter only the second statement.)  (1)  ‘ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)’;
(2)  SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)’; (3) ‘SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST SERVICE BENEFITS AND ENTITLEMENTS.” 

19.  Army Regulation 635-5, paragraph 2-7 (Issuing and reissuing DD Form 214), in pertinent part, states that once a DD Form 214 has been issued, do not reissue except if the correction would require issuance of more than two
DD Forms 215 or when two DD Forms 215 have been issued and an additional correction is required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, the DD Form 214 that was administratively issued on 11 November 2006 should be reissued because of the omissions and numerous errors that are contained on the document.

2.  The evidence of record shows the applicant’s DD Form 214 issued on
18 April 1995 documents that he served in Somalia from 18 August 1993 to
15 January 1994, in Haiti from 21 September to 3 December 1994, and that he completed a total of 3 years and 19 days of foreign service during the period of service under review.

   a.  The applicant contends that he served in Somalia from 18 August 1993 to 15 January 1994, this equates to 5 months and 28 days, and this overseas service should be added to item 12, block f of his DD Form 214.  However, a service computation shows this period of overseas service actually equates to
4 months and 28 days.  Thus, the service computation that the applicant provides for this period of overseas service is in error.

   b.  The applicant contends he served in Haiti from 21 September to
3 December 1994, this equates to 3 months and 12 days, and this overseas service should also be added to item 12, block f of his DD Form 214.  However, a service computation shows this period of overseas service actually equates to
2 months and 13 days.  Thus, the service computation that the applicant provides for this period of overseas service is in error.

   c.  Notwithstanding the applicant’s erroneous service computations, there is no evidence of record, and the applicant provides insufficient evidence, to show that the foreign service recorded in item 12, block f of his DD Form 214 is in error.  Thus, it is presumed that the two periods of overseas service the applicant served (i.e., in Somalia and Haiti) were included in item 12, block f of his
DD Form 214.  In addition, the evidence of record shows that the applicant certified with his signature on the DD Form 214 that he reviewed the accuracy of his foreign service information at the time of his discharge on 18 April 1995.  Therefore, the applicant is not entitled to correction of his records in this instance.

3.  The evidence of record shows that the applicant’s DD Form 214 issued on
18 April 1995 documents that he served in Somalia from 18 August 1993 to
15 January 1994.  However, the DD Form 214 issued on 11 November 2006 shows that he served in Somalia from 18 August 1993 to 5 January 1994.  Therefore, it would be appropriate to correct the applicant’s DD Form 214 to show he served in Somalia from 18 August 1993 to 15 January 1994.  

4.  The evidence of record shows that the applicant’s two DD Forms 214, issued on 18 April 1995 and 11 November 2006, both show award of the Armed Forces Expeditionary Medal (2nd Award).  The evidence of record also shows that the applicant was awarded the Armed Forces Expeditionary Medal on two occasions (i.e., for service in Somalia in support of Operation Continue Hope and for service in Haiti in support of Operation Uphold Democracy).  The evidence of record further shows that each succeeding operation justifying a subsequent award of the Armed Forces Expeditionary Medal is designated by a bronze service star.  Therefore, it would be appropriate to correct the applicant’s
DD Form 214 to show award of the Armed Forces Expeditionary Medal with
1 bronze service star.  However, the Transition Processing (TRANSPROC) computer application that is now used to prepare the DD Form 214 has certain limitations with regard to the posting of specific awards and decorations, and the TRANSPROC software may not support this correction.  If that is case, then the entry showing award of the Armed Forces Expeditionary Medal (2d Award) would be an appropriate entry.

5.  The evidence of record shows that the applicant’s DD Form 214 issued on
18 April 1995 was corrected with a DD Form 215, dated 14 October 2005, to show award of the Valorous Unit Award.  The evidence of record also shows that this unit award was omitted from item 13 of the applicant’s DD Form 214 issued on 11 November 2006.  Therefore, it would be appropriate to correct the applicant’s DD Form 214 to show award of the Valorous Unit Award.

6.  The evidence of record shows that the Separation Documents regulation instructions for item 13 of the DD Form 214 state to check the Soldier’s military service records for the validity of awards, do not abbreviate when listing the entries, and to list the entries in order of precedence specified in the Military Awards regulation.  The applicant’s DD Form 214, issued on 11 November 2006, shows that the award entries in item 13 (and continued in item 18) are not all listed in the order of precedence specified in the Military Awards regulation and they also contain abbreviations.  Therefore, it would be appropriate to correct the applicant’s DD Form 214 by spelling out all authorized awards and decorations, without using any abbreviations, and listing the entries in order of precedence.

7.  The evidence of record shows that item 18 of the applicant’s DD Form 214 issued on 18 April 1995 contains the entry “MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE.”  The evidence of record also shows that item 18 of the DD Form 214 issued on 11 November 2006 contains the entry “MEMER HAS COMPLETED FIRST FULL TERM OF SVC” and that this entry contains a typographic error.  Therefore, it would be appropriate to correct item 18 of the applicant’s DD Form 214 to show “MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE.”

8.  The applicant contends that the entry in item 18 pertaining to his service in Somalia should be corrected to read “SERVICE IN SOMALIA 18 AUG 1993 TO 15 JAN 1994 (OPERATION CONTINUE HOPE).”  While the governing regulation states that the name of the operation will be recorded in item 18 of the DD Form 214 for a Reserve Soldier ordered to active duty, the evidence of record shows that the applicant was an active duty Soldier when he deployed during this period of active service.  Thus, only the statement “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)” will be recorded in item 18.  A review of the applicant’s DD Form 214 issued on
11 November 2006 confirms that the entry recorded in item 18 with respect to his service in Somalia is incorrect and also improperly formatted.  Therefore, it would be appropriate to correct the applicant’s records in this instance.

9.  The applicant contends that the entry in item 18 pertaining to his service in Haiti should be corrected to read “SERVICE IN HAITI 21 SEPT 1994 TO
3 DEC 1994 (OPERATION UPHOLD DEMOCRACY).”  Again, the evidence of record shows that the applicant was an active duty Soldier when he deployed during this period of active service.  Thus, only the statement “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)” will be recorded in item 18.  A review of the applicant’s DD Form 214 issued on 11 November 2006 confirms that the entry recorded in item 18 with respect to his service in Haiti is correct, but improperly formatted.  Therefore, it would be appropriate to correct the applicant’s records in this instance.

10.  The applicant contends that the size of item 18 should be increased to accommodate the additional/expanded entries otherwise a continuation sheet to the DD Form 214 should be prepared.  The Separation Documents regulation does not allow for increasing the size of item 18 of the DD Form 214.  Thus, the size of item 18 of the DD Form 214 may not be increased to accommodate any additional/expanded entries.  However, if it is the applicant's contention that the font size used in item 18 should be consistent with the font size used in other items of the DD Form 214, it is concluded that it would be appropriate to use the same font size for the entire document.  In this regard, the evidence of record shows that the Separation Documents regulation provides that a continuation sheet is authorized to the DD Form 214 when entries exceed the space in item 18.  Therefore, a continuation sheet should be prepared, if needed.

11.  The applicant contends that he should be issued a new DD Form 214 to replace the DD Form 214 administratively issued on 11 November 2006.  However, there is no evidence of record, and the applicant provides insufficient evidence, to show that the DD Form 214 was prepared in error (i.e., that it should not have been prepared at all).  Therefore, the applicant is not entitled to a new DD Form 214 for his period of active duty service from 25 March 1987 through
18 April 1995.  However, in view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214 issued on 11 November 2006, to show the necessary corrections identified in this Record of Proceedings.  In this regard, it appears that the necessary corrections will require the issuance of more than two
DD Forms 215.  Therefore, in this case, it would be appropriate to issue a new DD Form 214 (with a Continuation Sheet, if necessary) for the applicant’s period of active duty service from 25 March 1987 through 18 April 1995 that replaces the DD Form 214 issued on 11 November 2006 and also incorporates all of the corrections directed in this Record of Proceedings.

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.  deleting from item 13 (and those entries continued in item 18) of his
DD Form 214 all award entries;
   
   b.  adding to item 13 the Armed Forces Expeditionary Medal with 1 bronze service star and Valorous Unit Award;

   c.  correcting item 13 of the DD Form 214 by spelling out all authorized
awards and decorations in item 13 (and in item 18, if necessary), without using any abbreviations, and listing the entries in order of precedence, as follows:
Meritorious Service Medal, Army Commendation Medal (3rd Award), Army Achievement Medal (2nd Award), Joint Meritorious Unit Award, Valorous Unit Award, Meritorious Unit Commendation, Good Conduct Medal (3rd Award), National Defense Service Medal, Armed Forces Expeditionary Medal with
1 bronze service star, Humanitarian Service Medal (Haiti), Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Service Ribbon,
Overseas Service Ribbon, United Nations Medal with 1 bronze service star,
Parachutist Badge, Air Assault Badge, Driver and Mechanic Badge with Driver - "W" Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar;

   d.  deleting from item 18 of the DD Form 214 the entry “MEMER HAS
COMPLETED FIRST FULL TERM OF SVC”;

   e.  adding to item 18 of the DD Form 214 the entry “MEMBER HAS
COMPLETED FIRST FULL TERM OF SERVICE”; 

   f.  deleting from item 18 of the DD Form 214 the entry ““SVC IN SOMALIA 18AUG1993 TO 5JAN1994”;  
   
   g.  adding to item 18 of the DD Form 214 the entry “SERVICE IN SOMALIA FROM 19930818 - 19940115”;  
   
   h.  deleting from item 18 of the DD Form 214 the entry “SVC IN HAITI 21SEP1994 TO 3DEC1994”; and  
   
   i.  adding to item 18 of the DD Form 214 the entry “SERVICE IN HAITI FROM 19940921 - 19941203.”  

2.  The Board also determined that, if the necessary corrections require issuance of more than two DD Forms 215, then it would be appropriate to issue a new
DD Form 214 for the applicant’s period of active duty service from 25 March 1987 through 18 April 1995 that replaces the DD Form 214 issued on
11 November 2006 and also incorporates all of the corrections directed in this Record of Proceedings.



3.  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 additional foreign service being recorded in item 12, block f of his DD Form 214; adding “Operation Continue Hope” and “Operation Uphold Democracy” in item 18 of his DD Form 214, and increasing the size of item 18 of the DD Form 214 to accommodate additional/expanded entries.




      _______ _   _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)                                         AR20090001774



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ABCMR Record of Proceedings (cont)                                         AR20090001774



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