IN THE CASE OF:	

		BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100021389 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all foreign service and associated awards to which he is entitled as a result of his deployments to Somalia and Kuwait.

2.  He states he served in combat operations in Somalia and Kuwait and was awarded ribbons and patches for his service.

3.  He did not provide any additional evidence.

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.  His military personnel record shows he enlisted in the Regular Army on 16 July 1991 and served in military occupational specialty (MOS) 76V (Materiel Handling Storage Specialist) which was converted to MOS 92A (Automated Logistical Specialist) on 1 April 1993.

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

* item 5 (Oversea Service) – he served a tour of duty in the Republic of Korea from 27 November 1991 through 25 November 1992
* item 9 (Awards, Decorations and Campaigns):

* Army Service Ribbon (ASR)
* National Defense Service Medal (NDSM)
* Army Achievement Medal (AAM)
* Overseas Service Ribbon (OSR)
* Army Good Conduct Medal (AGCM) (First Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar

* item 35 (Record of Assignments) – he was assigned to the 289th Combat Support Company, Fort Hood, TX, from 11 January 1993 through 14 July 1995

4.  The Defense Finance and Accounting Service (DFAS) office confirms he received hostile fire (HF)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) pay as follows:

* Somalia – 14 December 1993 through 18 March 1994 (3 months and 5 days)
* Kuwait – 21 October through 13 December 1994 (1 month and 23 days)

5.  His DD Form 214 shows he was released from active duty on 15 July 1995 and also shows the following:

* item 12f (Foreign Service) – "0000 year(s) 11 month(s) 29 day(s)"
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* Army Lapel Button
* AAM
* AGCM (First Award)
* NDSM
* OSR
* Expert Marksmanship Qualification Badge with Grenade Bar

6.  Item 18 (Remarks) of his DD Form 214 does not show his service in Somalia or Kuwait.

7.  A review of his records indicates he is entitled to additional awards that are not shown on his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) prescribes the policy on Army awards and decorations.

	a.  The Armed Forces Expeditionary Medal (AFEM) is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in Operation Restore Hope and Operation United Shield in Somalia from 5 December 1992 through 31 March 1995.

	b.  The Southwest Asia Service Medal (SWASM) is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  His records indicate he participated in the Cease-Fire Campaign (12 April 1991 to 30 November 1995).

	c.  The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

9.  Army Regulation 635-5 (Separation Documents) prescribes the documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  Chapter 2 contains item-by-item preparation instructions for the DD Form 214.  The guidance for preparation of item 18 states the following entry will be entered for active duty Soldiers deployed with their units to a foreign country during the period covered by the DD Form 214:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

10.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes the awards, insignia, and accouterments authorized for wear on the uniform and how these items are worn.  Paragraph 28-17 provides guidance on shoulder sleeve insignia for former wartime service (SSI-FWTS).  It states that SSI-FWTS insignia is authorized for service in Somalia from 5 December 1992 to 31 March 1995, both dates inclusive, for Soldiers who participated in Operations Restore Hope/Continue Hope/United Shield.

DISCUSSION AND CONCLUSIONS:

1.  DFAS confirms he received HF/IDP and CZTE pay for Somalia from 14 December 1993 through 18 March 1994 and for Kuwait from 21 October 1994 through 13 December 1994, for a total of 4 months and 28 days.  Therefore, he is entitled to have this time added to item 12f of his DD Form 214.

2.  As a result of his deployment to Somalia, he is entitled to award of the AFEM-Somalia and to have this award added to his DD Form 214.  He is also entitled to wear the SSI-FWTS on his uniform; however, he is advised that the SSI-FWTS insignia is not an authorized award or decoration requiring a records or separation document entry.  As a result, this item will not be added to his DD Form 214.

3.  He is also entitled to award of the SWASM with one bronze service star as a result of his participation in the Cease-Fire Campaign during his service in Kuwait and to have this award added to his DD Form 214.

4.  His DA Form 2-1 confirms he served a qualifying period of service in the Republic of Korea.  Therefore, he is entitled to award of the KDSM and to have this award added to his DD Form 214.

5.  His DA Form 2-1 also shows he earned the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and was awarded the ASR.  He is therefore entitled to have these decorations added to his DD Form 214.

6.  Army Regulation 635-5 states to enter the name of the country and inclusive dates of deployment for active duty Soldiers in item 18 of the DD Form 214.  As a result of his deployment to Somalia and Kuwait, the following information should be entered in item 18 of his DD Form 214:

* SERVICE IN SOMALIA FROM 19931214-19940318
* SERVICE IN KUWAIT FROM 19941021-19941213



BOARD VOTE:

__x______  ___x____  __x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 15 July 1995 DD Form 214 as follows:

	a.  item 12f – deleting the entry "0000 year(s) 11 month(s) 29 day(s)" and replacing it with "0001 year(s) 4 month(s) 17 day(s)";

	b.  item 13 – adding the AFEM-Somalia; SWASM with one bronze service star, KDSM, ASR, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16); and

	c.  item 18 – adding the entries:

* SERVICE IN SOMALIA FROM 19931214-19940318
* SERVICE IN KUWAIT FROM 19941021-19941213



      __________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)                                         AR20100021389



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ABCMR Record of Proceedings (cont)                                         AR20100021389



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