BOARD DATE: 4 September 2014
DOCKET NUMBER: AR20140001491
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Somalia.
2. The applicant states he served in Somalia from May to November 1993 and other personnel who served in the "593rd" have a record of their service.
3. The applicant provides:
* DD Form 214, dated 31 May 1994
* Orders 137-03, dated 17 May 1993
* 593rd Somalia Aircraft Manifest
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 provides Orders 137-03, dated 17 May 1993, with a personnel roster showing the applicant was a member of the 593rd Signal Company. His unit was to provide communications support for Task Force Thunderbird in support of Operation Restore Hope in Somalia. The orders do not provide any dates of travel or length of the operational requirement.
3. The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) does not show he had service in Somalia. His DA Form 2A (Personnel Qualification Record, Part I, prepared on 17 May 1994, indicates his last overseas service ended on 16 March 1992.
4. With 20 years and 18 days of net active service, the applicant retired from the Army on 31 May 1994, due to obtaining sufficient service for retirement.
5. His DD Form 214 shows he had 9 years, 1 month, and 5 days of foreign service. However, it does not show any evidence of his having served in Somalia in 1993.
6. Army Regulation 635-5 (Separation Documents), as then in effect, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. It stated that Item 12f (Foreign Service) will contain only the overseas service completed during the period covered by the DD Form 214. It stated to enter the total amount of Foreign Service completed during the period covered in Item 12c (Net Active Service This Period).
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. The orders provided by the applicant indicate he was placed on orders with his unit to provide communications support in Somalia sometime after May 1993 for an unknown length of time. Unfortunately, there is no available documentation in his military records to corroborate these orders, or to show that he indeed performed the required duty.
3. In view of the foregoing, there is insufficient evidence to support the applicant's requested relief; therefore, his request should be denied at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ __X______ __X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________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) AR20140001491
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ABCMR Record of Proceedings (cont) AR20140001491
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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