IN THE CASE OF:	  

		BOARD DATE:	  27 OCTOBER 2015

		DOCKET NUMBER:  AR20150004618 


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, in effect, his foreign service in Somalia and award of the Armed Forces Expeditionary Medal, Joint Meritorious Unit Award, and Marksmanship Qualification Badge with component bars for the M203 grenade launcher, M60 machine gun, AT4 rocket launcher, and .50 caliber machine gun.

2.  The applicant states:

* there is no mention of his service in Somalia on his DD Form 214
* when his unit returned to Fort Carson from Somalia, they were awarded the Armed Forces Expeditionary Medal and the Joint Meritorious Unit Award while in formation
* neither award is documented on his DD Form 214 and his foreign service is not listed at all
* he earned additional weapons qualifications that are likewise not listed on his DD Form 214
* his service in Somalia was one of the most intense periods of his life and has affected him to this day
* in this age of "stolen valor," he only asks that his records reflect what he did and what he earned
* he is not asking for anything he did not earn
* the errors on his DD Form 214 are obvious and do not reflect his actual military service
* he recently tried to apply for membership with the American Legion and was denied acceptance because he can't show he served overseas
* he is running into more and more similar problems due to the inaccuracy of his DD Form 214

3.  The applicant provides:

* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* 260th Quartermaster Battalion Operation Continue Hope Certificate of Appreciation, dated 25 August 1993
* 6th Corps Support Battalion Permanent Orders, dated 6 March 1995
* Army Good Conduct Medal Certificate
* 68th Corps Support Battalion Permanent Orders, dated 6 March 1995
* DA Form 20 (Personnel Qualification Record)
* DA Form 2-1 (Personnel Qualification Record – Part II)
* Headquarters, U.S. Army Engineer Center and Fort Leonard Wood Orders 33-245, dated 2 February 1993
* Headquarters, Fort Carson and Headquarters, 4th Infantry Division (Mechanized), Orders 030-309, dated 18 February 1993
* Headquarters, 68th Corps Support Battalion, Orders 000031-005, dated 10 November 1993
* Headquarters, Fort Carson and Headquarters, 4th Infantry Division (Mechanized), Orders 333-0006, dated 29 November 1995
* numerous DA Forms 3349 (Physical Profile)
* DD Form 689 (Individual Sick Slip), dated 11 July 1994
* 360th Transportation Company, 43d Area Support Group, separation packet under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 9 (Alcohol or Other Drug Abuse Rehabilitation Failure)
* DD Form 214
* DD Form 257A (General Discharge Certificate)
* cover page from Joint Task Force for Somalia Relief Operation Ground Forces Rules of Engagement
* numerous personal photos and copies of mailed envelopes
* partial Central Issue Facility worksheet

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 October 1992.

3.  He provided a Certificate of Participation from the 260th Quartermaster Battalion for his dedicated service while deployed to Somalia in support of Operation Continued Hope, signed on 25 August 1993.

4.  The Defense Finance and Accounting Service reviewed the applicant's Master Military Pay Account and determined he received hostile fire pay/imminent danger pay and combat zone tax exclusion for deployment to Somalia from 30 June 1993 through 5 September 1993.

5.  He provided 6th Corps Support Battalion Permanent Orders (no number annotated), dated 6 March 1995, awarding him the Driver and Mechanic Badge for the period 22 November 1993 through 28 February 1995.

6.  He also provided a signed copy of the Army Good Conduct Medal Certificate, awarding him the Army Good Conduct Medal for exemplary behavior, efficiency, and fidelity in active Federal military service from 16 October 1992 through 15 October 1995.

7.  On 4 December 1995, he was discharged under honorable conditions for alcohol rehabilitation failure.  His DD Form 214 does not reflect any foreign service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign ribbons Awarded or Authorized) shows he was awarded or authorized the:

* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

8.  His records are void of any orders or other corroborating documentation showing he was assigned or attached to a Joint Task Force during his military service or that he was awarded any additional marksmanship qualification badges not already reflected on his DD Form 214.

REFERENCES:

1.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning individual and unit military decorations, service medals and ribbons, combat and special skill badges and similar devices awarded in recognition of accomplishments.

	a.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days, provided this support involved entering the area of operations.  Table 2-4 (Armed Forces Expeditionary Medal – Designated U.S. Military Operations in Direct Support of the United Nations) lists Somalia Operations Restore Hope and United Shield from 5 December 1992 through 31 March 1995 as an authorized operation for award of the Armed Forces Expeditionary Medal.

	b.  Marksmanship badges and tabs are awarded to indicate the degree in which an individual has qualified in prescribed weapons firing courses or events. 
An appropriate bar is furnished to denote each weapon with which he or she qualified.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes:  Expert, Sharpshooter, and Marksman.

2.  Department of Defense Instruction 1348.33 (Military Awards Program) states the Joint Meritorious Unit Award was authorized by the Secretary of Defense on 10 June 1981.  It is awarded to recognize joint units and activities for meritorious achievement or service superior to that which is normally expected.  Qualifying achievements must be superior to that which is expected under conditions of combat with an armed enemy of the United States, a declared national emergency situation, or extraordinary circumstances and should be operational in nature.  The Joint Meritorious Unit Award may not be awarded to any Department of Defense activity which has received any other unit award for the same achievement or period of service.  Soldiers must provide documentation showing they were assigned to a joint command in order to receive award of the Joint Meritorious Unit Award.

3.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

4.  Army Regulation 635-5 (Separation Documents), then in effect, prescribed preparation of separation documents for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  The preparation instructions stated the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 would be entered in item 12f (Foreign Service).  The instructions also stated for an active duty Soldier deployed with his or her unit during their continuous period of active duty, enter the statement:  "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18 (Remarks).

DISCUSSION:

1.  The applicant's request for correction of his DD Form 214 to show his foreign service in Somalia and award of the Armed Forces Expeditionary Medal, Joint Meritorious Unit Award, and Marksmanship Qualification Badge with component bars for the M203 grenade launcher, M60 machine gun, AT4 rocket launcher, and .50 caliber machine gun was carefully considered.

2.  Records show he was deployed to Somalia in support of Operation Continue Hope from 30 June 1993 through 5 September 1993, a period of 2 months and 7 days of foreign service, and is a qualifying period for award of the Armed Forces Expeditionary Medal.

3.  He provided permanent orders, dated 6 March 1995, awarding him the Driver and Mechanic Badge for the period 22 November 1993 through 28 February 1995.

4.  He also provided a signed copy of the Army Good Conduct Medal Certificate, awarding him the Army Good Conduct Medal for exemplary behavior, efficiency, and fidelity in active Federal Military Service from 16 October 1992 through 15 October 1995.

5.  His records are void of documentation and he did not provide any evidence corroborating he was assigned or attached by official orders to a Joint Task Force eligible for award of the Joint Meritorious Unit Award.

6.  His records are likewise void of documentation and he did not provide any evidence showing he was awarded any additional marksmanship qualification badges not already reflected on his DD Form 214.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)                                         AR20150004618



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


0Enclosure 2

ABCMR Record of Proceedings (cont)                                         AR20150004618



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1