BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130008890
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 Somalia in support of Operation Continue Hope.
2. The applicant states he participated in Operation Continue Hope during the period 5 December 1992 to 4 May 1993.
3. The applicant provides a memorandum from the U.S. Total Army Personnel Command, dated 14 July 1993, subject: Approved Joint Meritorious Unit Award.
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 November 1989.
3. He submitted a memorandum from the U.S. Total Army Personnel Command (currently known as the U.S. Army Human Resources Command), dated 14 July 1993, subject: Approved Joint Meritorious Unit Award, which shows the Joint Meritorious Unit Award was awarded to the Unified Task Force Somalia for exceptionally meritorious achievement from 5 December 1992 to 4 May 1993. The applicant's name is shown on the personnel list attached to the memorandum.
4. On 19 November 1993, he was honorably released from active duty. He completed 3 years, 11 months, and 29 days of creditable active service. His DD Form 214 shows in:
a. item 12f (Foreign Service), the entry "0001 11 26," indicating he completed 1 year, 11 months, and 26 days of foreign service during the period covered by the DD Form 214; and
b. item 18 (Remarks), no deployed service in Somalia.
5. The Defense Finance and Accounting Service confirmed the applicant received hostile fire pay/imminent danger pay and combat-zone tax exclusion for service in Somalia during the period 20 January to 10 June 1993.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparation of the DD Form 214. The version of the regulation in effect at the time of the applicant's release from active duty did not provide for entries related to military operations or deployments. The version of the regulation currently in effect states to enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18 for an active duty Soldier ordered to deploy to a foreign country.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in Somalia in support of Operation Continue Hope during the period 20 January to 10 June 1993. Although no provision existed for entries on DD Forms 214 related to military operations or deployments at the time of the applicant's release from active duty, there is no harm to the Soldier or the Army in doing so at this time. Therefore, his DD Form 214 should be corrected to show the statement "SERVICE IN SOMALIA FROM 19930120-19930610."
2. As a related issue, his DD Form 214 should also be corrected to show award of the Joint Meritorious Unit Award.
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:
* adding the Joint Meritorious Unit Award to his DD Form 214
* adding the statement "SERVICE IN SOMALIA FROM 19930120-19930610" to item 18 of 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) AR20130008890
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