BOARD DATE:	  15 April 2010

		DOCKET NUMBER:  AR20090010870 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Somalia and to add the Physical Fitness Badge. 

2.  The applicant states he noticed the above entries were omitted from his 
DD Form 214 when he was working with his service officer on his Department of Veterans Affairs (VA) claim.

3.  The applicant provides a copy of his DD Form 214.

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 on 3 April 1990 and was honorably separated for physical disability with severance pay on 22 August 1997.  He served a total of 7 years, 4 months, and 20 days.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in item 5 (Overseas Service) that he served in Saudi Arabia (Southwest Asia (SWA)) during the period 28 January through 18 March 1991 and in Haiti during the period 13 September through 9 October 1994.

4.  The applicant's military record contains a DD Form 214 worksheet drafted prior to his separation which contains the handwritten entry "Serv in Som.*Doc Reqd*."  However, there is no evidence in his record to corroborate this handwritten entry or to show that he ever deployed to Somalia.

5.  A medical board narrative summary contained in the applicant's record indicates he deployed to "Saudi Arabia in 90," "Somalia in 94," and "Haiti in 1995."

6.  The DD Form 214, issued on 22 August 1997 shows he was awarded the:

* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* SWA Service Medal with 1 bronze service star
* Humanitarian Service Medal
* Army Service Ribbon
* Kuwait Liberation Medal (Kuwait and Saudi Arabia)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  His DD Form 214 issued on 22 August 2007, Item 18 (Remarks), shows he served in SWA during the period 28 January to 18 March 1991.  This DD Form 214 does not show he served in Haiti and Item 12f (foreign service) contains no entry. 

8.  A member of the Board's staff contacted the Defense Finance and Accounting Service (DFAS) in an attempt to ascertain the dates of the applicant's deployment to Somalia.  However, DFAS had no record of the applicant's deployment to Somalia.




9.  Army Regulation 635-5 (Personnel Separations – 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.  In pertinent part it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  

10.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the Physical Fitness Badge.  It states, in pertinent part, the badge is awarded to Soldiers who obtain a minimum score of 290 on the Army Physical Fitness Test and meet the weight control requirement of Army Regulation 600-9.  It further states the DA Form 705 (Army Physical Readiness Test Scorecard) will be used to document a Soldier's entitlement to wear the badge and permanent orders are not required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his service in Somalia was erroneously excluded from his DD Form 214 was carefully considered.  His record indicates he may have deployed to Somalia; however, the specific dates of his service in Somalia are not available.  In the absence of evidence that specifically shows the dates of his service in Somalia, there is an insufficient evidentiary basis to correct his DD Form 214.

2.  However, the evidence of record shows the applicant served in Haiti during the period 13 September through 9 October 1994.  This period of service equals 26 days.  It would be appropriate to correct Item 12f and Item 18 of his DD Form 214 to show this service.

3.  He also served in SWA from 28 January through 18 March 1991.  This period of service equals 1 month and 18 days.  It is not shown in Item 12f of his 
DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214, Item 12f to show this foreign service.

4.  His SWA service and his service in Haiti combined equals 2 months and 
14 days of foreign service.

5.  There is no evidence of record to show the applicant was ever awarded the Physical Fitness Badge.  As a result, there is no basis to grant 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 DD Form 214, dated 22 August 1997 by:

	a.  deleting the entry in Item 12f and adding the entry "0000  02  14."

	b.  adding in Item 18 service in Haiti from 13 September through 9 October 1994.

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 the Physical Fitness Badge and his service in Somalia.  




      _______ _   _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)                                         AR20090010870



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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