BOARD DATE:	  29 April 2010

		DOCKET NUMBER:  AR20090015007 


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 214 (Certificate of Release or Discharge from Active Duty) to show his service in Somalia and all of the awards to which he is entitled.

2.  The applicant states his DD Form 214 does not show his foreign service or all of his awards.

3.  The applicant provides:

* his DD Form 214
* an undated Certificate of Appreciation
* DA Form 4980-18 (Army Achievement Medal Certificate)/Permanent Orders Number 17-24, dated 17 May 1993
* an undated Certificate of Achievement

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.  On 21 November 1990, the applicant enlisted in the Regular Army for 2 years in the pay grade of E-1.  He completed training as a unit-level communications maintainer and was promoted through the ranks to the pay grade of E-4.

3.  Permanent Orders Number 17 were published on 17 May 1993 awarding the applicant the Army Achievement Medal for exceptionally meritorious achievement while deployed to Somalia in support of Operation Restore Hope from 16 January 1993 to 10 March 1993.

4.  The applicant was honorably released from active duty on 11 June 1993.  The DD Form 214 that he was furnished shows the following awards:

* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge

5.  His DD Form 214 does not show that he was awarded the Army Achievement Medal or credit him with foreign service in Somalia.

6.  The applicant's records contain no derogatory information that would have disqualified him from being awarded the Army Good Conduct Medal.

7.  The applicant submitted a certificate of appreciation in recognition for outstanding contributions to Operation Restore Hope and the Somali people and a certificate of achievement commending him for outstanding achievement and perseverance during Operation Restore Hope in Somalia.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for item 12f (Foreign Service), enter the total amount of foreign service completed during the period covered by the DD Form 214.  In item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) enter all awards and decorations authorized for all periods of service.  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 item 18 (Remarks).

9.  Army Regulation 600-8-22 (Military Awards) states that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  There is no automatic entitlement to the Army Good Conduct Medal; however, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 should be corrected to show his foreign service and his Army Achievement Medal.

2.  The available records show that he had service in Somalia from 16 January 1993 to 10 March 1993.  Therefore, this information should be included on his DD Form 214.

3.  Based on the available records, he is authorized the Army Good Conduct Medal.  His records contain no derogatory information that would have disqualified him from being awarded the Army Good Conduct Medal.  

4.  His DD Form 214 should be corrected to reflect that he is authorized the Army Good Conduct Medal.

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:

	a.  awarding him the Army Good Conduct Medal for exceptional service for the period 21 November 1990 through 11 June 1993 while serving in the rank of specialist (E-4);

	b.  amending item 13 of his DD Form 214 to show he was awarded the Army Achievement Medal and the Army Good Conduct Medal;

	c.  amending item 12f of his DD Form 214 to show he completed 0 years, 1 month, and 23 days of foreign service; and

	d.  amending item 18 of his DD to add the entry, "SERVICE IN SOMALIA FROM 19930116-19930310."



      _____________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)                                         AR20090015007



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ABCMR Record of Proceedings (cont)                                         AR20090015007



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