IN THE CASE OF:	  

		BOARD DATE:	  10 October 2013

		DOCKET NUMBER:  AR20130002695 


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 add the Armed Forces Expeditionary Medal.

2.  The applicant states the Armed Forces Expeditionary Medal was omitted from her DD Form 214.

3.  The applicant provides:

* Four letters/self-authored statements
* Certificate of birth
* Permanent orders (PO) Number 009-15, dated 14 April 1993
* DA Form 638 (Recommendation for Award (for Other than Valor) of Army Achievement Medal, Army Commendation Medal, and the Meritorious Service Medal), date 25 July 1993, and certificate for award of the Army Commendation Medal, dated 14 August 1993
* Memorandum, dated 26 July 1994
* Military Personnel (MILPER) Message Number 94-137, dated February 1994
* Manifest Roster, undated
* Five Leave and Earnings Statements (LES)
* DD Form 214 (former spouse)
* DD Form 214
* Email from the U.S. Army Human Resources Command (HRC), dated 
17 January 2013
* Excerpt from Army Regulation 600-8-22 (Military Awards)
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 14 September 1989 and held military occupational specialty 77W (Water Treatment Specialist).  The highest rank/grade she attained while serving on active duty was sergeant (SGT)/E-5.

3.  Her DA Form 2-1 (Personnel Qualification Record) shows:

	a.  she was assigned to Germany from 24 February 1990 to 21 March 1992 and during the period of this assignment, she was deployed to Turkey from 
3 May 1991 to 18 June 1991.

	b.  she was assigned to Fort Carson, CO from 21 April 1992 to 13 September 1995 and during the period of this assignment, she was deployed to Somalia from 15 May 1993 to 18 September 1993.  

	c.  she was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal
* Army Achievement Medal
* Army Commendation Medal 
* Humanitarian Service Medal
* Army Good Conduct Medal
* Southwest Asia Service Medal
* United Nations Medal
* Joint Meritorious Unit Award
* Noncommissioned Officer Professional Development Ribbon
* Overseas Service Ribbon
* Drivers Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
4.  Her record contains a DA Form 638, dated 1 July 1991, which recommended her for award of the Army Achievement Medal for achievement during the period April 1991 through June 1991.  The proposed citation referred to her service during Operation Provide Comfort, in Turkey.

5.  Her name is listed on the Gulf War Roster showing she was deployed from
16 April 1991 to 9 June 1991.

6.  PO Number 009-15, issued by Headquarters, 4th Infantry Division (Mechanized), Fort Carson, CO, on 14 April 1993, ordered the 493rd Supply and Services Company to deploy to Somalia in support of Operation Restore Hope.  The main body was ordered to report on or around 20 May 1993.  Additionally, her name was listed on a unit manifest roster attached to these orders.

7.  She was honorably released from active duty on 13 September 1995.  Her DD Form 214 shows she completed 6 years of net active service of which 
2 years, 5 months, and 2 days were credited as foreign service.  

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) lists the:

* Army Commendation Medal
* Army Achievement Medal
* Joint Meritorious Unit Award
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Army Lapel Button
* Southwest Asia Service Medal
* Humanitarian Service Medal
* Noncommissioned Officers Processional Development Ribbon 
* Army Service Ribbon
* Overseas Service Ribbon
* United Nations Medal
* Marksman Marksmanship; Qualification Badge with Rifle Bar (M-16)
* Driver and Mechanic Badge with Driver -W Bar

	b.  Item 18 (Remarks) does not contain any entries referring to her service in Turkey or Somalia.

8.  Army Regulation 600-8-22 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 in Somalia from 5 December 1992 through 31 March 1995.

9.  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.  Chapter 2 establishes standardized policy for preparation of the DD Form 214.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates, YYYYMMDD-YYYYMMDD)" in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 2-1 and the orders that awarded her the Army Achievement Medal show she served in Somalia from 15 May 1993 to 18 September 1993 in support of Operation Restore Hope.  Therefore, she met the criteria for award of the Armed Forces Expeditionary Medal and is entitled to correction of her DD Form 214 to add this award.

2.  Additionally, the evidence of record shows her DD Form 214 omitted her service in Turkey and Somalia from item 18 of her DD Form 214; therefore she is entitled to correction of her DD form 214 to add this service.  

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 adding to her DD Form 214 in:

* item 13 the Armed Forces Expeditionary Medal

* item 18 the entries "Service in Turkey From 19910406 - 19910609" and "Service in Somalia From 19930515 - 19930918"




      _______ _  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)                                         AR20130002695





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ABCMR Record of Proceedings (cont)                                         AR20130002695



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