IN THE CASE OF:	

		BOARD DATE:	21 July 2011

		DOCKET NUMBER:  AR20110000845


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 individual and unit awards to which he is entitled.

2.  The applicant states he recently learned he was missing an Army Superior Unit Award for his service while assigned to Task Force 6-52 in 1996.
 
3.  The applicant provides copies of page 1 one his DA Form 2-1 (Personnel Qualification Record - Part II) and 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 18 February 1992.  He completed training and he was awarded military occupational specialty (MOS) 75B (Personnel Administration Specialist).

3.  The applicant provides page 1 of his DA Form 2-1 that shows in:

	a.  item 8 (Oversea Service) he was in:

* Somalia from 8 January 1993 through 10 May 1993
* Germany from 8 September 1994 through 7 September 1996
* Saudi Arabia from 28 February 1996 through 28 June 1996

	b.  item 9 (Awards, Decorations, and Campaigns) the:

* National Defense Service Medal
* Army Service Ribbon
* Humanitarian Service Medal (2nd Award)
* Army Achievement Medal (2d Award)
* Armed Forces Expeditionary Medal (2nd Award)
* Joint Meritorious Unit Award
* Oversea Service Ribbon
* Army Good Conduct Medal (2nd Award)
* United Nations Medal
* Army Commendation Medal (2d Award)
* Driver's Badge
* Noncommissioned Officer's (NCO) Professional Development Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar

4.  The applicant was honorably discharged on 12 September 2001 in the rank/grade of sergeant (SGT)/E-5.  He completed 9 years, 6 months, and
25 days of creditable active service.  His DD Form 214 further shows in:

	a.  item 12f (Foreign Service) the entry "0002  00  00";

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Lapel Button
* Driver and Mechanic Badge with Driver "W" Bar


* Army Commendation Medal (2d Award)
* Army Achievement Medal (2d Award)
* Joint Meritorious Unit Award
* Army Good Conduct Medal (3d Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal (2d Award)
* Humanitarian Service Medal (2d Award)
* Noncommissioned Officer's Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* United Nations Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

	b.  item 18 (Remarks) no deployments during this period of service.

5.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in:

* Somalia from 8 January through 10 May 1993 (4 months and 3 days)
* Saudi Arabia from 29 February through 21 July 1996 (4 months and 
24 days)

6.  The applicant's records contain certificates showing three awards of the Army Achievement Medal:

* Orders Number 93-29, issued by Headquarters, 548th Combat Support Battalion, Fort Drum, NY, dated 1 June 1993 for meritorious service in support of Operation Restore Hope in Somalia
* Permanent Order 224-02, issued by Headquarters, U.S. Army Combined Arms Support Command, Fort Lee, VA, dated 9 August 1999, for meritorious achievement during the fielding of SIDPERS-3 from 1 June to 28 July 1999
* Permanent Orders 177-050, issued by the same headquarters, dated
18 June 2001, for meritorious service for the period 8 February 1999 to
15 June 2001

7.  The applicant states he was assigned to "Task Force 6-52 in 1996."  There is no available evidence, and the applicant did not provide any evidence, showing the units that formed "Task Force 6-52 in 1996" or that he was assigned and 


present for duty with a unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited for award of the Army Superior Unit Award.

8.  Army Regulation 600-8-22 (Military Awards) states the Army Superior Unit Award was created in 1985 to recognize outstanding meritorious performance by a unit in completing a difficult and challenging mission under extraordinary circumstances during peacetime.  The criteria for award also requires that the unit display such outstanding devotion and superior performance so as to set it apart from and above other units with similar missions, defines “peacetime” as any period where wartime awards were not authorized in the geographic area in which the mission was executed, precludes award for purely humanitarian operations, and precludes award if the act has already been recognized by another unit award.

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.  It states that for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and

	b.  item 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was deployed in support of operations in Somalia from 8 January through 10 May 1993 and Saudi Arabia from 29 February through 21 July 1996.  Item 12f of his DD Form 214 shows he completed 2 years of foreign service which only accounts for his foreign service in Germany which includes his service in Saudi Arabia.  However, his service in Somalia is not accounted for.  Therefore, it would be appropriate to correct item 12f of his DD Form 214 to add an additional 4 months and 3 days, which equates to 2 years, 4 months, and 3 days of total foreign service during his active service.  It would also be appropriate at this time to correct item 18 of his DD Form 214 to show his deployed service to Somalia and Saudi Arabia.


2.  The evidence shows the applicant was awarded three awards of the Army Achievement Medals; however, only two awards are listed on his DD Form 214.  Therefore, his DD Form 214 should be corrected accordingly.

3.  His record shows he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar, which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this qualification badge.

4.  There is no available evidence showing the applicant serviced a qualifying period in a unit awarded the Army Superior Service Award.  Therefore, there is an insufficient basis for adding this award to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined the evidence presented is 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:

	a.  deleting from item 12f of his DD Form 214 the entry "0002  00  00" and replacing it with the entry "02  04  03";

	b.  deleting from item 13 of his DD Form 214 the Army Achievement Medal (2nd Award);

	c.  adding to item 13 of his DD Form 214 the Army Achievement Medal
(3d Award) and the Expert Marksmanship Qualification Badge with Grenade Bar"; and


	d.  adding to item 18 of his DD Form 214:  

* "SERVICE IN SOMALIA FROM 930108 - 930510"
* "SERVICE IN SAUDI ARABIA FROM 960229 - 960721"

2.  The Board further determined 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 Army Superior Unit Award.



      ___________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)                                         AR20100022947



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ABCMR Record of Proceedings (cont)                                         AR20110000845



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