IN THE CASE OF:
BOARD DATE: 8 March 2012
DOCKET NUMBER: AR20110017008
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 his foreign service in Somalia.
2. The applicant states his record of service in Somalia is missing and this affects the status of his request for veterans' benefits.
3. The applicant provides a notarized statement and temporary change of station orders with a by-name list of deployable Soldiers.
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 on 30 November 1990. He completed training and was awarded military occupational specialty 63H (Track Vehicle Repairer).
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows he was assigned to the 183rd Maintenance Company, Fort Carson, CO, from 4 June 1991 through 13 September 1994.
4. A DA Form 638-1 (Recommendation for Award) shows he was awarded the Army Achievement Medal with 1st Oak Leaf Cluster for meritorious achievement for the period 26 May 1993 to 9 September 1993 while serving as a wheel vehicle repairer in the 183rd Maintenance Company, Mogadishu, Somalia, during Operation Continue Hope.
5. The 68th Support Battalion presented him with a Certificate of Achievement, dated 10 August 1993, for his dedicated and outstanding efforts while participating in Operation Continue Hope.
6. The Defense Finance and Accounting Service could not confirm he received hostile fire pay/imminent danger pay and combat zone tax exclusion.
7. The applicant provides a notarized document in which he states he was assigned to the 183rd Maintenance Company and deployed to Somalia in support of Operation Continue Hope.
8. In addition, he provides Permanent Orders 009-16 issued by Headquarters, 4th Infantry Division (Mechanized), Fort Carson, CO, dated 14 April 1993, which show the 183rd Combat Support Company deployed to Somalia for a period of 120 days to participate in Operation Restore Hope. Attached to the orders is a by-name list of deployable Soldiers which includes the applicant's name.
9. His DD Form 214 shows he was discharged on 7 January 1997. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows:
* Army Achievement Medal with 1st Oak Leaf Cluster
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Driver and Mechanic Badge
10. Item 18 (Remarks) of his DD Form 214 does not show his service in Somalia.
11. A DD Form 215 (Correction to DD Form 214), dated 27 April 1999, added award of the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.
12. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal 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 Somalia for Operation Restore Hope and Operation United Shield from 5 December 1992 through 31 March 1995.
13. 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 statement 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)."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded the Army Achievement Medal with 1st Oak Leaf Cluster and received a Certificate of Achievement for his participation in Operation Continue Hope while deployed to Somalia during the period 26 May 1993 to 9 September 1993.
2. This is sufficient evidence to support his claim of deployment to Somalia and eligibility for award of the Armed Forces Expeditionary Medal. Therefore, his DD Form 214 should be corrected to show the Armed Forces Expeditionary Medal and his period of foreign service in Somalia from 26 May 1993 to 9 September 1993.
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 adding to his DD Form 214 in:
* item 13 Armed Forces Expeditionary Medal-Somalia
* item 18 "SERVICE IN SOMALIA FROM 19930526-19930909"
___________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) AR20110017008
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