BOARD DATE: 24 March 2011
DOCKET NUMBER: AR20100022953
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her deployment to Somalia in support of Operation Continue Hope.
2. The applicant states, in effect, that she desires correction of her records to reflect her deployment to Somalia in 1993.
3. The applicant provides a copy of her DD Form 214, a copy of her DD Form 215 (Correction to DD Form 214), and a copy of a Memorandum for Record reflecting her deployment.
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. The applicant enlisted in the Regular Army in Portland, ME on 6 August 1992 for a period of 3 years and training as a motor transport operator. She completed all of her training at Fort Leonard Wood, MO and she was transferred to Fort Stewart, GA for her first and only duty assignment.
3. The applicant provided a Memorandum for Record issued by the 594th Transportation Company, Mogadishu, Somalia, dated 9 December 1993. This memorandum shows the applicant arrived to Somalia in support of Operation Continue Hope on 29 September 1993 and she departed on 14 December 1993. The applicant returned to Fort Stewart, GA, where she remained until she was honorably released from active duty (REFRAD) on 9 February 1994.
4. Item 12f (Foreign Service) of her DD Form 214 does not show she completed any foreign service during her period of active service. Her DD Form 214 also does not reflect her deployment to Somalia.
5. During the processing of this case, the Defense Finance and Accounting Service (DFAS) was asked to verify the applicant's service in Somalia. A representative from DFAS stated that the Soldier's Master Military Pay Account (MMPA) shows she received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 26 September 1993 through
14 December 1993 for Somalia. This equates to 2 months and 22 days of foreign service.
6. 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. It states that for:
* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 18 (Remarks), enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted and found to have merit. She deployed to Somalia in support of Operation Continue Hope from 26 September 1993 through 14 December 1993 and is entitled to have that deployment reflected on her DD Form 214.
2. The applicant completed 2 months and 22 days of foreign service. Therefore, her DD Form 214 should be corrected to show this period of service.
3. Based on her deployed service, her DD Form 214 should be corrected to show the entry "Service in Somalia from 19930926 - 19931214.
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. deleting from item 12f of her DD Form 214 the entry "0000 00 00" and replacing it with the entry "000 02 22," and
b. entering in item 18 of her DD Form 214 the entry Service in Somalia from 19930926 - 19931214.
__________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) AR20100022953
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ABCMR Record of Proceedings (cont) AR20100022953
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