IN THE CASE OF:	  

		BOARD DATE:  27 September 2012

		DOCKET NUMBER:  AR20120004221 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her foreign service in Somalia.

2.  The applicant states her record of service in Somalia from January 1993 to May 1993 is not reflected on her DD Form 214.

3.  The applicant provides a copy of her DD Form 214.

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 21 August 1990.  She completed training and was awarded military occupational specialty 71L (Administrative Specialist).

3.  Her Defense Finance and Accounting Service (DFAS) pay record shows she received hostile fire pay/imminent danger pay and combat zone tax exclusion from 30 December 1992 through 17 March 1993 for Somalia.

4.  Her DD Form 214 shows she was honorably released from active duty on 4 June 1993 under the provisions of Army Regulation 635-200 (Personnel Separations -Enlisted Personnel), paragraph 16-5, locally imposed bar to reenlistment.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows:

* Army Service Ribbon
* Army Lapel Button
* National Defensive Service Medal
* Southwest Asia Service Medal 
* Kuwait Liberation Medal-Saudi Arabia
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Overseas Service Ribbon
* Army Commendation Medal
* Noncommissioned Officer Professional Development Ribbon

6.  Item 18 (Remarks) of her DD Form 214 does not show her service in Somalia.

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.

	b.  The Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

	c.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  The applicant served during the following approved campaigns:

* Defense of Saudi Arabia (2 August 1990 - 16 January 1991)
* Liberation and Defense of Kuwait (17 January - 11 April 1991) 
* Cease-Fire Campaign (12 April 1991 - 30 November 1995)

8.  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 applicant's request to have her foreign service in Somalia shown on her DD Form 214 should be granted.

2.  DFAS pay records confirm she served in Somalia from 30 December 1992 through 17 March 1993.  This is sufficient evidence to support her claim of deployment to Somalia.  In addition, she served a qualifying period of service for award of the Armed Forces Expeditionary Medal.  Therefore, her DD Form 214 should be corrected to show the Armed Forces Expeditionary Medal and her period of foreign service in Somalia.

3.  As related issues, the applicant served during a qualifying period for award of the Kuwait Liberation Medal-Kuwait.

4.  She participated in three campaigns during this period of service that entitles her to three bronze service stars for wear on her previously-awarded Southwest Asia Service Medal.



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 deleting the Southwest Asia Service Medal from item 13 of her DD Form 214 and adding to:

* item 13 –

* Armed Forces Expeditionary Medal-Somalia
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal-Kuwait

* item 18 – "SERVICE IN SOMALIA FROM 19921230-19930317"



      __________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)                                         AR20120004221





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ABCMR Record of Proceedings (cont)                                         AR20120004221



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