BOARD DATE:	  1 May 2014

		DOCKET NUMBER:  AR20130014057 


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 his deployments to Korea, Guantanamo Bay, Cuba, and Somalia be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 October 1996.

2.  The applicant states these deployments are not shown on his DD Form 214.  He does not have the orders for Korea, but he was promoted while in Korea.  He participated in Operation Guantanamo during May - July 1992 and he was deployed to Somalia from January to 11 June 1993.

3.  The applicant provides:

* DD Form 214
* 43rd Corps Support Group Orders, dated 11 June 1993
 
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.  On 15 January 1991, he enlisted in the Regular Army.

3.  On 2 December 1991, he was assigned to the 157th Quartermaster Company at Fort Hood, TX.

4.  On 7 July 1992, he was awarded a Certificate of Achievement for meritorious achievement while assigned to the 13th Logistical Task Force from 22 May to 
16 July 1992 while in support of Operation Guantanamo.

5.  The applicant provided 43rd Corps Support Group Orders 162-007, dated 
11 June 1993.  The reason is shown as completion of temporary duty.  The orders state the Soldier is continental United States (CONUS) based and was deployed to Somalia for Operation Restore Hope to 7 June 1993.  These orders were for his return from Somalia to Fort Hood, TX.  According to the attached list he arrived in Somalia on 21 January 1993.

6.  An email, dated 28 August 2013, from the Defense Finance and Accounting Service (DFAS) shows he received hostile fire/imminent danger pay (HF/IDP) from 21 January 1993 through 30 June “1996” for Somalia.  

7.  He immediately reenlisted on 29 August 1994.  He was assigned to the 473rd Quartermaster Company in Korea from 13 January 1994 to 6 January 1995.

8.  On 31 October 1996, he was discharged by reason of disability, severance pay.

9.  The Korea Defense Service Medal was authorized by Section 543, National Defense Authorization Act, 2003.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

10.  Army Regulation 635-8 (Separation Processing and Documents), dated 
10 February 2014, states that when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in 
item 18 to show the name of the country deployed to and the inclusive dates.


DISCUSSION AND CONCLUSIONS:

1.  The Certificate of Achievement for meritorious achievement while assigned to the 13th Logistical Task Force from 22 May to 16 July 1992 while in support of Operation Guantanamo is sufficient evidence to document his deployment to Guantanamo Bay.  Therefore, this deployment should be shown in item 18 of his DD Form 214 as "SERVICE IN GUANTANAMO BAY FROM 22 MAY TO 
16 JULY 1992."

2.  The email from DFAS, dated 28 August 2013, states he received HF/IDP from 21 January 1993 through 30 June 1996.  The ending year appears to be a typographical error because he had been reassigned to the 473rd Quartermaster Company in Korea on 13 January 1994.  However, the start date for HF/IDP in the email matches the arrival date shown on 43rd Corps Support Group Orders 162-007, dated 11 June 1993.  The orders indicate he was deployed to 7 June 1993.  

3.  In view of the above, there is sufficient evidence to show he was deployed to Somalia from 21 January to 7 June 1993.  Therefore, this deployment should be shown in item 18 of his DD Form as "SERVICE IN SOMALIA FROM 
21 JANUARY TO 7 JUNE 1993."

4.  His tour in Korea was a permanent change of station assignment.  Only deployments and inclusive date are entered on the DD Form 214.  Because his tour in Korea was not a deployment the dates of service are not entered on his 
DD Form 214.

5.  However, since his discharge on 31 October 1996 the Korea Defense Service Medal was authorized for service on active duty in support of the defense of the Republic of Korea after 28 July 1954.  Based on his service in Korea he is authorized this award and it would be appropriate to add it to his DD Form 214.  This would serve to document his service in Korea on his DD Form 214. 

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 amending his DD Form 214 with a separation date of 31 October 1996 as follows:

	a.  Add the Korea Defense Service Medal.

	b.  Add the following entries to item 18:

* "SERVICE IN GUANTANAMO BAY FROM 22 MAY TO 16 JULY 1992"
* "SERVICE IN SOMALIA FROM 21 JANUARY TO 7 JUNE 1993"

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 showing his dates of service in Korea on 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)                                         AR20130014057



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ABCMR Record of Proceedings (cont)                                         AR20130014057



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