IN THE CASE OF:	  

		BOARD DATE:	  4 October 2011

		DOCKET NUMBER:  AR20110004090 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show three months service in Somalia and award of a "combat ribbon."

2.  The Army does not have an award called a "combat ribbon."  The Combat Action Ribbon is awarded to Navy, Marine Corps, and Coast Guard personnel who have actively participated in ground or surface combat.  The Army's Combat Action Badge was not created or authorized for award for service prior to 2001.  As such it is reasonable to assume that the applicant is requesting the appropriate service or campaign medal for this period. 

3.  The applicant states that due to rushing to enroll in college he did not take the time to make sure his DD Form 214 was complete.  He needs his records corrected to show he served in Somalia with Company C, 1st Battalion, 64th Armor Regiment and he is entitled to the appropriate service or campaign medal for this period.  

4.  The applicant provides multiple and slightly varied versions of his application form 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 served on active duty in the Regular Army from 28 August 1990 through 27 June 1994.  

3.  His official record shows service in Germany from 5 January 1991 through 22 December 1992 (1 year, 11 months, and 18 days) with transfer to the 1st Battalion, 64th Armor Regiment, Fort Stewart, Georgia for the remainder of his period on active duty. 

4.  Neither the DA Form 2-1 (Personnel Qualification Record - Part II) nor the applicant's Enlisted Record Brief show service in Somalia.

5.  The applicant's DD Form 214 shows 1 year, 11 months, and 18 days of foreign service and award of the Army Achievement Medal, Army Lapel Button, Army Service Ribbon, Army Good Conduct Medal, National Defense Service Medal, Overseas Service Ribbon, and the Expert Marksmanship Qualification Badge with Pistol and Handgrenade Bars.  

6.  The unit history for the 1st Battalion, 64th Armor Regiment shows in October 1993, the battalion deployed as part of Task Force 1-64AR during the United Nations operations in Somalia - Operation Continue Hope.  

7.  A review of the applicant's pay record shows receipt of Hostile Fire/Imminent Danger Pay from 12 October 1993 through 6 February 1994 (3 months and 26 days).

8.  Army Regulation 600-8-22 (Military Awards) provides that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  Qualifying service in Somalia is from 5 December 1992 to 31 March 1995. 

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states:

	a.  enter the total amount of foreign service completed during the period covered in block 12c;

	b.  item 18 (Remarks) is used for HQDA mandatory requirements when a separate block is not available, and as a continuation for entries in blocks 11, 13, and 14; and

	c.  currently Soldiers deployed to areas of Hostile Fire/Imminent Danger Pay have this period of service note in item 18 as "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Somalia and received Hostile Fire/Imminent Danger Pay from 12 October 1993 through 6 February 1994 (3 months and 26 days).  Item 12f on the DD Form 214 does not include this period of foreign service.  It is appropriate to correct this error by showing his total period of foreign service [(Germany) 1 year, 11 months, and 18 days + (Somalia) 3 months and 26 days] as 2 years, 3 months, and 14 days.

2.  At the time of the applicant's release from active duty there was no specific direction to denote on the DD Form 214 service in areas of Hostile Fire/Imminent Danger Pay.  Due to subsequent changes in the regulation as a result of benefits and entitlement changes a specific entry is now to be made at item 18 on the   DD Form 214.  It is appropriate to apply the current standards and show the statement "SERVICE IN SOMALIA FROM 19931012 - 19940206" on his          DD Form 214.

3.  Based on his service in Somalia from 12 October 1993 through 6 February 1994, the applicant qualifies for award of the Armed Forces Expeditionary Medal. It is appropriate to correct his recodes by awarding him this medal and correcting his DD Form 214, item 13 (Decorations), to include this award. 

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.  correcting his DD Form 214 by:

		(1)  deleting the entry from item 12f,

		(2)  entering "0002  03  14" in item 12f,

		(3)  adding the Armed Forces Expeditionary Medal, and

		4) including the statement "SERVICE IN SOMALIA FROM 19931012-19940206" in item 18, and

	b.  issuing to him the Armed Forces Expeditionary Medal.



      _______ _   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)                                         AR20110004090





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ABCMR Record of Proceedings (cont)                                         AR20110004090



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