IN THE CASE OF:	  

		BOARD DATE:  21 August 2012

		DOCKET NUMBER:  AR20120003828 


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 he served in Somalia in a combat area and to show an unspecified service ribbon.

2.  He states:

	a.  He didn't have enough time to get his DD Form 214 corrected since his expiration of term of service was 20 days after he returned to Fort Bliss, TX.

	b.  He was assigned to Headquarters and Headquarters Troop, 3rd Battalion, 3rd Armored Cavalry Regiment.  He went to Africa with the 978th Military Police Company from January to May 1993.

	c.  He should have been awarded a service ribbon, but he didn't receive one.

3.  He provides his DD Form 214 and a newspaper article with a photograph and caption.

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 enlisted in the Regular Army on 22 June 1989.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 63B (Light Wheeled Vehicle Mechanic).  His DA Form 2-1 (Personnel Qualification Record – Part II) indicates he served in Korea from 12 January 1990 to 15 May 1991 (1 year, 4 months, and 4 days).

3.  He was assigned to Headquarters and Headquarters Troop, 3rd Battalion, 3rd Armored Cavalry Regiment, Fort Bliss, TX, in May 1991.

4.  He was honorably released from active duty on 21 June 1993.  His DD Form 214 shows in:

* item 12f (Foreign Service) he completed 1 year, 4 months, and 4 days of foreign service
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) no medals for deployment to Somalia
* item 18 (Remarks) no entry for deployment to Somalia

5.  He provided a newspaper article with a photograph and caption which indicates the 978th Military Police Company landed safely at Biggs Army Airfield after months of supporting Operation Restore Hope in Somalia.  The applicant was identified as one of the Soldiers who supported this operation.

6.  In an email, dated 3 April 2012, the Defense Finance and Accounting Service indicated the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) for the period 12 January through 28 April 1993 for service in Somalia.

7.  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.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

8.  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 Operation Restore Hope and Operation United Shield in Somalia from 5 December 1992 through 31 March 1995.

9.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record indicates the applicant deployed in support of Operation Restore Hope in Somalia.  His military pay records show he received HFP/IDP for the period 12 January through 28 April 1993 (3 months and 17 days) for service in Somalia.  However, his DD Form 214 does not show his service in Somalia or any awards for this service.

2.  The evidence of record shows he served a period of qualifying service for award of the Armed Forces Expeditionary Medal and correction of his DD Form 214 to show this award.

3.  In addition, it would be appropriate to amend item 12f of his DD Form 214 to reflect an additional 3 months and 17 days of foreign service (a total of 1 year, 7 months, and 21 days of foreign service) and to amend item 18 to show his service in Somalia.

4.  The evidence of record shows he served in Korea from 12 January 1990 to 15 May 1991.  Therefore, he is eligible for award of the Korea Defense Service Medal and correction of his DD Form 214 to show this award.  

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 the DD Form 214 of the individual concerned be corrected by:

	a.  deleting the entry "01  04  04" from item 12f and replacing it with the entry "01  07  21,"

	b.  amending item 13 by adding award of the Armed Forces Expeditionary Medal and Korea Defense Service Medal, and

	c.  amending item 18 to add the entry "SERVICE IN SOMALIA FROM 19930112-19930428."



      __________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)                                         AR20120003828



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ABCMR Record of Proceedings (cont)                                         AR20120003828



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