BOARD DATE:	  20 December 2012

		DOCKET NUMBER:  AR20120000696 


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) for the period ending 21 June 1993 to show his deployment to Somalia from 28 December 1992 to 6 February 1993 and his entitlement to award of the Joint Meritorious Unit Award (JMUA) for this deployment.

2.  He states, in effect, he served in Somalia from 28 December 1992 to 6 February 1993 and his unit was awarded the JMUA in recognition of their achievements during his tenure.  However, neither of these facts is reflected on his DD Form 214 for the period ending 21 June 1993 or his Enlisted Record Brief (ERB).

3.  He provides Orders 01-333 issued by Headquarters, Army Forces, Somalia, dated 26 January 1993, and his DD Form 214 for the period ending 21 June 1993.

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 provides Headquarters, Army Forces, Somalia, Orders 01-333, dated 26 January 1993, which show he was authorized to travel at government expense from Somalia to Fort Drum, NY, for the purpose of an emergency retrograde movement to home station.  These orders also show he was a continental United States-based Soldier who was deployed to Somalia for Operation Restore Hope from 28 December 1992 to 26 January 1993.

3.  His Army Military Human Resource Record (AMHRR) contains:

	a.  a memorandum for record rendered by Commander, 57th Transportation Company, Fort Drum, NY, dated 1 December 1994, which shows the applicant deployed and served in Somalia as a member of the unit from 28 December 1992 to 6 February 1993, a period of 1 month and 10 days.

	b.  a DA Form 2-1 (Personnel Qualification Record – Part II) which shows in:

		(1)  item 5 (Oversea Service) that he served in Somalia as a member of the unit from 28 December 1992 to 6 February 1993 and

		(2)  item 9 (Awards, Decorations, and Campaigns) that he was awarded or authorized, in part, the JMUA and the Armed Forces Expeditionary Medal (AFEM).

4.  His DD Form 214 for the period ending 21 June 1993 does not show in:

	a.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) that he was awarded or authorized the JMUA or AFEM.

	b.  item 18 (Remarks) any indication of his deployment to Somalia.

5.  His AMHRR contains an ERB, dated 7 March 2011, which shows in the:

	a.  Overseas Assignment Data Overseas Duty section that he served in Somalia for a month-long period that ended on 6 February 1993 and

	b.  Awards and Decorations section that he was awarded or authorized the JMUA and AFEM.

6.  His DD Forms 214 for the periods ending 2 April 2005 and 30 April 2012 both show, in part, he was awarded or authorized the JMUA and AFEM.

7.  Army Regulation 600-8-22 (Military Awards) states the AFEM 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 Operation Restore Hope and Operation United Shield in Somalia from 5 December 1992 through 31 March 1995.

8.  Department of the Army General Orders (DAGO) Number 12, dated 13 May 1994, awarded the JMUA to Unified Task Force Somalia for exceptionally meritorious service in pursuit of joint military missions of great significance during the period 5 December 1992 to 4 May 1993.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance for preparation of the DD Form 214.  It states for:

	a.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; and

	b.  item 18, 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)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 for the period ending 21 June 1993 and his ERB should be corrected to show his deployment to Somalia from 28 December 1992 to 6 February 1993 and his entitlement to award of the JMUA for this deployment were carefully considered and determined to have partial merit.

2.  His record contains a memorandum for record and a DA Form 2-1 which clearly show he deployed to Somalia in support of Operation Restore Hope from 28 December 1992 to 6 February 1993, a period of 1 month and 10 days.  Based on his confirmed deployment to Somalia, he is entitled to correction of his DD Form 214 for the period ending 21 June 1993 to show his deployment to Somalia from 28 December 1992 to 6 February 1993.

3.  The evidence shows the applicant completed a qualifying period of service in Somalia from 28 December 1992 to 6 February 1993 for entitlement to the AFEM.  Additionally, his receipt of the AFEM is already documented on his ERB and his DD Forms 214 for the periods ending 2 April 2005 and 30 April 2012.  Therefore, his DD Form 214 for the period ending 21 June 1993 should be corrected to show this medal.

4.  DAGO awarded the applicant's unit the JMUA for actions in Somalia during his tenure.  Additionally, his receipt of the JMUA is already documented on his ERB and his DD Forms 214 for the periods ending 2 April 2005 and 30 April 2012.  Therefore, his DD Form 214 for the period ending 21 June 1993 should be corrected to show this unit award.

5.  No correction to his ERB is required concerning the AFEM and JMUA as those awards are already listed on the form.

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 amending his DD Form 214 for the period ending 21 June 1993 as follows:

	a.  adding the AFEM and JMUA to item 13 and

	b.  adding the entry "SERVICE IN SOMALIA FROM 19921228-19930206" to item 18.




      ___________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)                                         AR20120000696



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ABCMR Record of Proceedings (cont)                                         AR20120000696



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