IN THE CASE OF:
BOARD DATE: 4 September 2012
DOCKET NUMBER: AR20120004439
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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect her deployment to Somalia in support of Operation Restore/Continue Hope.
2. The applicant states that she deployed to Somalia from May to October 1993 in support of Operation Restore/Continue Hope and that deployment is not reflected on her DD Form 214.
3. The applicant provides a copy of her DD Form 214, a copy of her award of the Army Achievement Medal (AAM), a Certificate of Achievement, and a Certificate of Participation for dedicated service while deployed to Somalia.
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. On 19 May 1992, the applicant enlisted in the Regular Army for a period of 2 years and 20 weeks and training as a motor transport operator. She completed basic training at Fort Jackson, South Carolina and advanced individual training at Fort Leonard Wood, Missouri before being transferred to Fort Carson, Colorado for her first and only duty assignment.
3. On 5 October 1994, she was honorably released from active duty (REFRAD) due to completion of required service. She had served 2 years, 4 months, and
17 days of active service. The DD Form 214 she was issued at the time of REFRAD, block 12f (foreign service), lists no service and block 18 (Remarks) lists no deployments.
4. A review of her records failed to reveal any information regarding the actual dates of her deployment to Somalis; however, the documents provided by the applicant show that she was awarded the AAM on 23 August 1994 and indicates that she served in Operation Restore/Continue Hope. She was also awarded a Certificate of Achievement on 20 August 1993 for her service while deployed to Somalia and a Certificate of Participation on 25 August 1993 for service while deployed to Somalia.
5. 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 for:
a. block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;
b. block 18, for an active duty Soldier deployed to a foreign country, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. In the absence of evidence to the contrary, it is reasonable to presume that the applicant served in Somalia from 1 May to 31 October 1993 for a period of 6 months.
2. Accordingly, she is entitled to have that deployment entered on her DD Form 214 along with her foreign service.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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:
* deleting the entry from block 12f of her DD Form 214 and entering the entry 0000 06 00
* adding the entry Service in Somalia from 19930501 to 19931031 in block 18 of her DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20120004439
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ABCMR Record of Proceedings (cont) AR20120004439
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