IN THE CASE OF:	  

		BOARD DATE:	  27 May 2014

		DOCKET NUMBER:  AR20130016726 


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 show her service in Somalia. 

2.  The applicant states the dates of service in Somalia are not shown on her 
DD Form 214.  She was given an award for this service, which is also not shown, and contains an incorrect social security number (SSN).  She made her superior aware of the error at the time but she was told it would be fixed at a later time. 

3.  The applicant provides a DA Form 638 (Recommendation for Award), dated 26 November 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.  The applicant enlisted in the Regular Army on 22 May 1992.  Her DD Form 4 (Enlistment/Reenlistment Document) listed her SSN as "060-xx-xxxx."  She authenticated this contract and allied documents with her signature.  

3.  She completed the training requirements and she was awarded military occupational specialty 62E (Heavy Construction Equipment Operator).  She was subsequently assigned to the 102nd Quartermaster Company, Fort Campbell, KY.

4.  Her DA Form 2A (Personnel Qualification Record - Part I) and DA Form 2-1 (Personnel Qualification Record - Part II) both listed an SSN as that listed on her DD Form 4.

5.  In February and March 1993, her unit processed her for separation under chapter 18 of Army Regulation 635-200 (Personnel Separations) for weight control failure.  One of the documents in her separation packet states "[Applicant] was given the opportunity to deploy with her unit to Somalia with the understanding that when the unit redeployed….."

6.  She was honorably released from active duty on 4 June 1994.  Her DD Form 214 shows in:

* item 12f (Foreign Service), the entry "0000-00-00"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the Army Service Ribbon, National Defense Service Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar 
* item 18 (Remarks) does not list any service in Somalia

7.  She provides a DA Form 638, dated 26 November 1993, showing she was awarded the Army Achievement Medal for outstanding service from 5 September to 16 December 1993 while assigned to the 102nd Quartermaster Company during Operation Continue Hope.  The award is assigned Permanent Order (PO) Number 000013-154, issued by Headquarters, 561st Combat Support Battalion, Somalia. 

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for processing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It states the total amount of foreign service completed during the period covered by 

the DD Form 214 is entered in Item 12f and is obtained from the Soldier’s records.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD – YYYMMDD)."

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided a DA Form 638 that shows she was awarded the Army Achievement Medal for outstanding service from 5 September to 16 December 1993 while assigned to the 102nd Quartermaster Company during Operation Continue Hope, Somalia.  Based on this service: 

	a.  She completed 3 months and 12 days of foreign service.  Therefore, item 12f of her DD Form 214 should be corrected to show this foreign service. 

	b.  PO awarded her the Army Achievement Medal which is not shown on her DD Form 214.  Therefore, she is entitled to correction of her DD Form 214 to show this award. 

	c.  Her service in Somalia qualifies her for award of the Armed Forces Expeditionary Medal which is not shown on her records.  Therefore, she is entitled to this award and correction of her DD Form 214 to show it.  

	d.  Her service in Somalia is considered a deployment.  Therefore, she is entitled to correction of item 18 of her DD Form 214 to show her Somalia deployment from 5 September to 16 December 1993. 

2.  While there is no effective way to correct the SSN error on her DA Form 638, adding the Army Achievement Medal to her DD Form 214 does effectively acknowledge that the award belongs to her.


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:

* deleting from item 12f the entry "0000-00-00" and adding the entry     "0000-03-12"
* adding to item 13 the Army Achievement Medal and Armed Forces Expeditionary Medal
* adding to item 18 the entries "Service in Somalia 19930905-19931216"



      _______ _   __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)                                         AR20130016726



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ABCMR Record of Proceedings (cont)                                         AR20130016726



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