IN THE CASE OF:
BOARD DATE: 24 July 2012
DOCKET NUMBER: AR20120002089
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) by:
* adding his retirement award of the Meritorious Service Medal (MSM)
* adding his service in Somalia from 19930802 - 19940101
2. The applicant states his retirement award and Somalia service were omitted when his DD Form 214 was completed.
3. The applicant provides:
* DD Form 214
* DA Form 2166-7 (NCO Evaluation Report)
* Permanent Orders Number 63-10, Headquarters, U.S. Army Information Systems Command, dated 21 June 1994, awarding the MSM
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 is a retired Regular Army Sergeant First Class (SFC/E-7). When he retired on 31 July 1994, he was awarded the MSM for his outstanding performance of duties during an illustrious career of 20 years.
3. The applicant's last foreign duty assignment was in Somalia from 2 August 1993 to 1 January 1994.
4. His DD Form 214 does not show his award of the MSM or his deployment to Somalia.
5. 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. It states foreign service deployments will be entered in Block 18 (Remarks) for active duty Soldiers deployed with their units during their continuous period of active service. The following statement is to be used: SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD).
DISCUSSION AND CONCLUSIONS:
1. Regarding the MSM, the applicant was awarded the MSM as a retirement award. It should be added to his DD Form 214.
2. Regarding his foreign service, he served in Somalia. His DD Form 214 should contain the following statement: SERVICE IN SOMALIA FROM 19930802 - 19940101.
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 adding the MSM to his DD Form 214, and the statement "SERVICE IN SOMALIA FROM 19930802 19940101" in Block 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) AR20120002089
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120002089
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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