BOARD DATE:	  25 October 2012

		DOCKET NUMBER:  AR20120007386 


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 his service in Africa/Somalia.

2.  The applicant states he served in Somalia/Africa from June to December 1993 and this service is not listed on his DD Form 214.

3.  The applicant provides a Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim).

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 3 October 1991 and held military occupational specialty 76C (Equipment Records and Parts Specialist).  He was assigned to the 594th Transportation Company, Fort Campbell, KY, from 
24 March 1992 to 5 March 1994.

3.  Permanent Orders (PO) Number 242-00038, issued by Headquarters, 101st Airborne Division (Air Assault), Fort Campbell, KY, dated 30 August 1993, awarded the applicant the Driver Badge with "W" Device for service during the period 30 June 1992 through 30 June 1993.

4.  He was honorably released from active duty on 5 March 1994.  His DD Form 214 shows he completed 2 years, 5 months, and 3 days of creditable active military service.  This form also shows in:

	a.  item 12f (Foreign Service), the entry “0000  00  00.”

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded the Army Service Ribbon, National Defense Service Medal, Army Lapel Button, Army Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Grenade Bar, Humanitarian Service Medal, Army Achievement Medal, and Army Commendation Medal.

	c.  item 18 (Remarks) does not list service in Somalia.

5.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) verified the applicant's foreign service in Somalia, in an email, dated 23 April 2012.  A DFAS representative verified the applicant received hostile fire/imminent danger pay for service in Somalia from 15 August 1993 to 18 January 1994.

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

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, 
discharge, or release from active military service or control of the Army.

Chapter 2 establishes standardized policy for preparation of the DD Form 214.  It states for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 13, list awards and decorations for all periods of service in the priority sequence and verify each entry with the Soldier’s records
* item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service in (Name of Country Deployed) From (inclusive dates, YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to add his service in Africa/Somalia from June to December 1993 has been carefully considered and determined to have partial merit.  

2.  There was no evidence in his military record of his service in Somalia; however, DFAS was able to verify he received hostile fire/imminent danger pay for service in Somalia from 15 August 1993 to 18 January 1994.  Therefore, he is entitled to correction of his DD Form 214, item 12f, to show he completed 
5 months and 4 days of foreign service.  He is also entitled to correction of
item 18 to show the entry "Service in Somalia from 19930815 - 19940118."

3.  The evidence of record shows he served in Somalia from 15 August 1993 to 18 January 1994, a qualifying period for award of the Armed Forces Expeditionary Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  PO awarded him the Driver Badge with "W" Device; therefore, he is entitled to correction of his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x__  ___x____  ____x____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD form 214 in:

* item 12f the entry "0000  05  04"
* item 13 the Driver Badge with "W" Device and the Armed Forces Expeditionary Medal
* item 18 the entry "Service in Somalia from 19930815 - 19940118"

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to any additional foreign service.



      __________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)                                         AR20120007386



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ABCMR Record of Proceedings (cont)                                         AR20120007386



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