IN THE CASE OF:
BOARD DATE: 29 May 2014
DOCKET NUMBER: AR20130017643
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 reflect his service in Somalia and all awards he is authorized as a result of this service.
2. The applicant states his service ribbon for his service in Somalia is not shown on his DD Form 214.
3. The applicant provides no additional evidence.
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 20 June 1991.
3. The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Somalia from 11 January to 16 April 1993 (3 months and 6 days).
4. He was discharged on 15 April 1994. His DD Form 214 shows in:
a. block 12f (Foreign Service) the entry "00 00 00," indicating no foreign service;
b. block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the Army Service Ribbon, National Defense Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
c. block 18 (Remarks) no deployment data.
5. 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.
6. Army Regulation 635-5 (Separation Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It provided standardized policy for preparation of the DD Form 214 and stated that for:
a. block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;
b. block 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22; and
c. block 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his service in Somalia and awards he is authorized for this service has been carefully considered.
2. DFAS records confirm he received HFP/IDP and CZTE for service in Somalia from 11 January to 16 April 1993. Therefore, his DD Form 214 should be corrected to reflect the total amount of foreign service performed (3 months and 6 days) in block 12f and to document his deployment in block 18.
3. Based on his service in Somalia, he is authorized the Armed Forces Expeditionary Medal and correction of his DD Form 214 to show this award.
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:
a. replacing the current entry in block 12f of his DD Form 214 with the entry "00 03 03;"
b. adding the Armed Forces Expeditionary Medal to block 13 of his DD Form 214; and
c. adding the entry "SERVICE IN SOMALIA FROM 19930111-19930416" to block 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) AR20130017643
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130017643
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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