IN THE CASE OF:	

		BOARD DATE:	  30 July 2015

		DOCKET NUMBER:  AR20140020787 


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 award of the:

* Armed Forces Expeditionary Medal 
* Humanitarian Service Medal

2.  The applicant states a clear and unmistakable error occurred and the requested awards are not listed on her DD Form 214.

3.  The applicant provides:

* DD Form 214
* 546th Personnel Service Battalion Somalia, Order Number 027-001, dated 28 January 1994
* Headquarters, 20th Engineer Brigade, Order Number 07-95, dated 29 July 1993, extract
* U.S. Total Army Personnel Command Memorandum, subject:  Approved Humanitarian Service Medal, dated 25 March 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 6 November 1990.

3.  Her DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

* item 5 (Oversea Service) – 

*	Korea, from 5 July 1991 to 4 July 1992
*	Somalia, from 2 September 1993 to 28 January 1994

* item 9 (Awards, Decorations, and Campaigns) –

*	National Defense Service Medal
*	Army Service Ribbon
*	Army Achievement Medal
*	Army Good Conduct Medal (1st Award)
* Overseas Service Ribbon
*	Armed Force Expeditionary Medal
*	Overseas Service bar
*	Humanitarian Service Medal
* Parachutist Badge
*	German Parachute Badge
*	Noncommissioned Officer Professional Development Ribbon
*	Expert Marksmanship Qualification Badge with Rifle Bar (M16)

4.  Records show she was assigned to Company C, 2nd Aviation Regiment, 2nd Infantry Division, while she was in Korea.

5.  On 31 July 1996, she was honorably released from active duty.  Her DD Form 214 shows she served in Somalia from 2 September 1993 to 28 January 1994 and she was awarded or authorized the:

* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge
* Bronze German Armed Forces Parachutist Badge

6.  She provided:

	a.  an extract of Headquarters, 20th Engineer Brigade, Order Number 07-95, dated 29 July 1993, that shows she was assigned to the 362nd Engineer Company;

	b.  a copy of 546th Personnel Service Battalion Somalia, Order Number 027-001, dated 28 January 1994, which authorized award of the Armed Forces Expeditionary Medal to Soldiers deployed to Somalia for Operation Continue Hope from 13 August 1993 to 1 February 1994,without an attached list of authorized Soldiers; and

	c.  U.S. Total Army Personnel Command Memorandum, subject:  Approved Humanitarian Service Medal, dated 25 March 1993, which authorized award of the Humanitarian Service Medal to Soldiers who directly participated in the Hurricane Andrew Disaster Relief Operation in Florida during the period 23 August 1992 to 10 November 1992, or Louisiana during the period 26 August 1992 to 8 October 1992.

7.  Her Master Military Pay Account maintained by the Defense Finance and Accounting Service (DFAS) shows she received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Somalia during the period 3 September 1993 through 28 January 1994.

8.  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.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  It stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service.


DISCUSSION AND CONCLUSIONS:

1.  DFAS confirmed the applicant received HF/IDP and CZTE associated with her deployment to Somalia from 3 September 1993 through 28 January 1994.  

2.  Records show the applicant was awarded the Armed Forces Expeditionary Medal and the Humanitarian Service Medal.  Her DD Form 214 should be corrected to show these awards.

3.  The evidence of record shows she served a qualifying period for award of the Korea Defense Service Medal.  Her DD Form 214 should be corrected 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 adding the following to her DD Form 214:

* Armed Forces Expeditionary Medal
* Humanitarian Service Medal
* Korea Defense Service Medal



      _______ _   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)                                         AR20140020787



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ABCMR Record of Proceedings (cont)                                         AR20140020787



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