IN THE CASE OF:
BOARD DATE: 18 August 2015
DOCKET NUMBER: AR20150000842
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 show his foreign service in Somalia.
2. He states that the only foreign service recorded on his DD Form 214 is his service in Egypt. He adds that he should have more service than what is shown on his DD Form 214.
3. He provides his DD Form 214.
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 16 July 1992. He was discharged on 27 June 1994. He was credited with completing 1 year, 11 months, and 12 days of active duty service.
3. Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows from 11 January to 2 April 1993 he served in Somalia. This period equates to 2 months and 22 days.
4. The applicant's record is void of any evidence that shows he served in Egypt.
5. His DD Form 214 shows in:
* Item 12f (Foreign Service) 00 02 22 (2 months and 22 days)
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) among other awards the Armed Forces Expeditionary Medal (AFEM) (Somalia)
6. Army Regulation 635-5 (Separation Documents), in effect at the time, establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-4, in pertinent part, requires the preparer to enter in item 12f the total amount of foreign service completed from the DA Form 2-1 during the period covered in item 12c (Net Active Service this Period).
DISCUSSION AND CONCLUSIONS:
1. The applicant states he only received foreign service credit for Egypt and not for Somalia. However, the evidence of record shows he performed no foreign service in Egypt and served only in Somalia.
2. The evidence of record shows the applicant served 2 months and 22 days in Somalia and received the AFEM which is correctly annotated on his DD Form 214. There is no evidence and he did not provide any evidence to show he served in Egypt. Therefore, without sufficient evidence to show the exact dates of his service in Egypt, his DD Form 214 cannot be corrected to show additional foreign service 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) AR20150000842
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ABCMR Record of Proceedings (cont) AR20150000842
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