BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20140016453
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 item 18 (Remarks) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) by removing the phrase "SERVICE IN HAITI:"
2. The applicant states she never served in Haiti. She states she was in Somalia from 19 August 1993 to 10 January 1994.
3. The applicant provides copies of her DD Form 214 and Permanent Orders Number 49-02, dated 22 February 1994.
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 April 1975. She completed training as a power generation equipment repairer. She remained on active duty through continuous reenlistments.
3. After completing 20 years and 10 days of net active service the applicant was placed on the Retired List due to obtaining sufficient service for retirement.
4. Item 18 on her DD Form 214 contains the phrase "SERVICE IN SOMALIA: DATES REQD//SERVICE IN HAITI: 930818 TO 940115."
5. The applicant's DA Form 2-1 (Personnel Qualification Record Part II) does not show she served in Somalia or Haiti. However, she provides a copy of a certificate for award of the Meritorious Service Medal indicating that Permanent Orders Number 49-02, dated 22 February 1994, announced her award of this medal for exceptionally meritorious service as a Flight Operations Noncommissioned Officer in Charge of Task Force Raven during Operation Continue Hope in Somalia, from 19 August 1993 to 10 January 1994.
6. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparing and distributing the DD Form 214. It stated for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in Item 18.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. Her supporting evidence has been considered.
2. The available evidence shows she served in Somalia from 19 August 1993 through 10 January 1994. Her DD Form 214 should be amended to show this service.
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 amending item 18 on her DD Form 214 as follows:
a. Delete the entry "SERVICE IN SOMALIA: DATES REQD//SERVICE IN HAITI: 930818 TO 940115."
b. Add the entry "SERVICE IN SOMALIA FROM 19930819 19940110."
_______ _ 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) AR20140016453
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ABCMR Record of Proceedings (cont) AR20140016453
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