IN THE CASE OF:
BOARD DATE: 31 August 2010
DOCKET NUMBER: AR20100009878
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 deployment in Somalia.
2. The applicant states he served in Somalia from 11 January to 28 May 1993. However, this information is not recorded on his DD Form 214.
3. The applicant provides, in support of his application, copies of his DD Form 214, Manifest Report, Certificate of Appreciation, and a memorandum stating his participation in Operation Restore Hope and eligibility for award of the Armed Forces Expeditionary Medal.
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. On 10 August 1989, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 62B (Construction Equipment Repairer).
3. On 7 June 1993, the Commander, 226th Supply and Service Company, stated in a memorandum that the applicant had participated in Operation Restore Hope and had been deployed from 11 January to 28 May 1993. This service made him eligible for award of the Armed Forces Expeditionary Medal for service in Somalia.
4. The Defense Finance and Accounting Service (DFAS) records show that the applicant received imminent danger pay for service in Somalia from 11 January to 28 May 1993.
5. On 3 July 1997, the applicant was discharged. He had completed 7 years,
10 months, and 24 days of creditable active duty service.
6. Item 18 (Remarks) of the applicants DD Form 214 does not contain any entry for his deployment to Somalia.
7. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides that Item 18 will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
The evidence clearly shows that the applicant was deployed to Somalia from 11 January to 28 May 1993. Therefore, Item 18 of his DD Form 214 should be corrected to reflect this service.
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 adding in Item 18 of his DD Form 214 the entry: SERVICE IN SOMALIA FROM 19930111 TO 19930528.
_______ _ _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) AR20100009878
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ABCMR Record of Proceedings (cont) AR20100009878
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