IN THE CASE OF:
BOARD DATE: 3 April 2012
DOCKET NUMBER: AR20110017022
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployed overseas service in Somalia and Cuba.
2. He states his deployed service to Somalia from June to September 1993 and to Cuba from August 1994 to February 1995 was not entered on his DD Form 214 covering that period of service.
3. He provides no 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. He enlisted in the Regular Army on 15 October 1992. He was trained in and awarded military occupational specialty 88M (motor transport operator).
3. Headquarters, Fort Carson, and Headquarters, 4th Infantry Division (Mechanized), Orders 325-007, dated 18 June 1993, show he was to deploy to Somalia not later than 28 June 1993 with Task Force Truck in support of Operation Continue Hope for a period not to exceed 120 days.
4. In the processing of this case a member of the Board staff contacted the Defense Finance and Accounting Service (DFAS). DFAS established that the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) for an unlisted country for the period 29 June through 25 August 1993.
5. A DA Form 638-1 (Recommendation for Award) contained in his records contains a narrative stating while he was deployed on Operation Sea Signal in Guantanamo Bay, Cuba, he rendered an absolute superb performance as a motor transport operator for migrant logistical support. The form shows the period covered for the award recommendation was from 29 August 1994 to 7 February 1995.
6. He was released from active duty on 26 June 2000. He completed 7 years, 8 months, and 12 days of active service during this period.
7. Item 18 (Remarks) of his DD Form 214 does not show any deployed service.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, did not provide for deployments to be recorded on the Soldier's DD Form 214; however, the current version of the regulation prescribes that for an active duty Soldier deployed 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)" in item 18.
DISCUSSION AND CONCLUSIONS:
1. Orders 325-007 show he was to deploy to Somalia not later than 28 June 1993. DFAS established that the applicant received HFP/IDP for an unlisted country for the period 29 June through 25 August 1993. It appears he was deployed to Somalia during this period. As such, it would be appropriate to add this deployed service to his DD Form 214 for the period ending 26 June 2000.
2. A DA Form 638-1 states he was deployed in support of Operation Sea Signal in Guantanamo Bay, Cuba. This form shows the period covered for the award recommendation as 29 August 1994 to 7 February 1995. It appears he was deployed to Cuba during this period. As such, it would be appropriate to add this deployed service to his DD Form 214 for the period ending 26 June 2000.
3. In view of the foregoing, the applicant's records should be corrected as recommended below.
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 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 adding to item 18 of his DD Form 214 the following entries:
a. "SERVICE IN SOMALIA FROM 19930629-19930825" and
b. "SERVICE IN CUBA FROM 19940829-19950207."
___________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) AR20110017022
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ABCMR Record of Proceedings (cont) AR20110017022
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