IN THE CASE OF:	  

		BOARD DATE:	  20 December 2012

		DOCKET NUMBER:  AR20120008258 


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 deployment to Somalia and authorization to wear the Armed Forces Expeditionary Medal (AFEM) and shoulder sleeve insignia/former war time service (SSI/FWTS).

2.  The applicant states his foreign service and resulting awards were not added to his DD Form 214 because he was immediately reassigned upon his redeployment to the United States.

3.  The applicant provides:

* deployment orders
* DD Form 214
* retirement orders
* DD Form 256A (Honorable Discharge Certificate)

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 10 December 1973.  He served in military occupational specialties 11M (Fighting Vehicle Infantryman), 11C (Indirect Fire Infantryman), and 11B (Infantryman).

3.  Orders 047-005 issued by the 546th Personnel Service Battalion, Somalia, dated 16 February 1994, show the applicant was deployed to Somalia from 18 December 1993 to 17 February 1994.  These orders also show he was authorized award of the AFEM and wear of the SSI/FWTS.

4.  On 31 August 1997, the applicant retired from active duty.  His DD Form 214 shows he completed 23 years, 8 months, and 21 days of creditable active service of which 4 years, 8 months, and 27 days were foreign service.

5.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not include the AFEM and SSI/FWTS.  Item 18 (Remarks) shows no deployments but includes the entry "SEE ATTACHED CONTINUATION SHEET" following the continuation of item 14 (Military Education).

6.  The applicant did not provide and his Army Military Human Resource Record does not include the continuation sheet to his DD Form 214.

7.  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 also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for preparing the DD Form 214.  The instructions state:

	a.  for item 13, enter awards and decorations for all periods of service; and

	b.  item 18 will be used for Headquarters, Department of the Army, mandatory requirements when a separate block is not available, and as a continuation for entries in items 11 (Primary Specialty), 13, and 14.  It will include:

* for active duty Soldiers deployed with his or her unit, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"
* after the last entry in the block, enter "//NOTHING FOLLOWS" or "SEE ATTACHED CONTINUATION SHEET"

8.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes Department of the Army policy for proper wear and appearance of Army uniforms and insignia as worn by members of the active Army and U.S. Army Reserve, as well as by former Soldiers.  Paragraph 28-17 states the wear of an SSI-FWTS is reserved for individuals who were members of U.S. Army units deployed to a hostile environment in the theater or area of operations during the designated combat operations and must be approved for wear by the Chief of Staff of the Army.

DISCUSSION AND CONCLUSIONS:

1.  Official orders confirm the applicant's authorization for award of the AFEM based on his deployment to Somalia from 18 December 1993 to 17 February 1994.  This award is not listed on his DD Form 214 and should be added at this time.

2.  By regulation, Soldiers on active duty who deploy with their units will have the location and period of deployment annotated in item 18 of the DD Form 214.  In addition, when the last line of item 18 of the DD Form 214 does not include enough space for all required entries, a continuation sheet will be prepared to list this information.  The evidence of record confirms a Continuation Sheet to the applicant's DD Form 214 was prepared.  However this document is not available for the Board's review.  Absent the continuation sheet to the DD Form 214, it is unknown if the applicant's deployment to Somalia is included on this document.  As a result, there is a reluctance to act on this portion of the applicant's request without knowing the specific entries listed on the continuation sheet.  Therefore, there is no basis upon which to grant this portion of relief at this time.

3.  There are no regulatory provisions for showing uniform insignias on the DD Form 214.  Therefore, the portion of the applicant's request pertaining to showing his SSI/FWTS on his DD Form 214 should be denied.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  _____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 award of the AFEM to his DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant that portion of his request pertaining to adding his SSI/FWTS and his service in Somalia to his DD Form 214.



      _____________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)                                         AR20120008258



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ABCMR Record of Proceedings (cont)                                         AR20120008258



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