RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      22 February 2006
      DOCKET NUMBER:  AR20050003409


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Mr. Donald L. Lewy                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that her service in Somalia be added
to her DD Form 214, Certificate of Release or Discharge from Active Duty.

2.  The applicant states, in effect, that she served in Somalia and was
awarded the Armed Forces Expeditionary Medal.  She adds that she is seeking
service-connection for combat related PTSD (Post-Traumatic Stress Disorder)
through the Department of Veterans Affairs (VA).  Her records must show her
service in a hostile zone (Somalia).  The VA, she states, has refused to
accept her Armed Force Expeditionary Medal and post deployment
questionnaire alone as evidence.

3.  The applicant provided a copy of her DD Form 214 in support of her
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 3 February 1995, the date of her release from active duty.  The
application in this case was submitted on 23 February 2005.

2.  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 allows
the Army Board for Correction of Military Records (ABCMR) to excuse
failure to file within the 3-year statute of limitations if the ABCMR
determines that it would be in the interest of justice to do so.  In this
case, the ABCMR will conduct a review of the merits of the case to
determine if it would be in the interest of justice to excuse the
applicant’s failure to timely file.

3.  The applicant enlisted in the US Army Reserve, on 22 September 1990.
On 28 February 1991, she was ordered to active duty for training.
Following completion of her training, she was awarded the military
occupational specialty (MOS) 71L, Administrative Specialist.  The applicant
was honorably released from active duty for training and was returned to
her unit.

4.  The applicant enlisted for 3 years in the Regular Army on 12 February
1993, in the rank and pay grade, Specialist/E-4, for training and
assignment in the MOS 57E, Laundry and Bath Specialist.

5.  On completion of her advanced individual training, the applicant was
assigned to the 240th Quartermaster Battalion, Fort Lee, Virginia, with a
reporting date of 31 March 1993.
6.  Item 5 (Overseas Service), of the applicant's DA Form 2-1, Personnel
Qualification Record, Part II, is blank.  No foreign service is shown in
either a permanent change of station (PCS) or on a temporary duty (TDY)
status.

7.  Item 35 (Record of Assignments), of the applicant's DA Form 2-1, shows
the applicant was assigned to the 16th Field Service Company, Fort Lee, on
13 April 1993.  The DA Form 2-1 indicates she remained assigned to this
unit until she was honorably released from active duty.

8.  The applicant was honorably released from active duty in the rank and
pay grade of Specialist/E-4, on 3 February 1995, under the provisions of
AR 635-200, Chapter 16, Paragraph 16-5b, due to non-retention on active
duty.  On the date of her discharge, the applicant had completed 1 year, 11
months, and 22 days active military service with no days lost time.  The
applicant had a combined total of 8 months and 7 days prior active and
inactive service for pay purposes.

9.  Item 12f (Foreign Service), of the applicant's DD Form 214, shows she
had no foreign service for the period of her active duty service.  There is
no entry in Item 18 (Remarks), of the applicant's DD Form 214, to show she
was deployed with her unit in support of an overseas operation.

10.  The DD Form 214 the applicant was issued on her release from active
duty shows, in Item 13 (Decorations, Medals, Badges, Citations and Campaign
Ribbons Awarded or Authorized), she was awarded:  the Army Achievement
Medal (Second Award); the National Defense Service Medal; the Armed Forces
Expeditionary Medal; the Army Service Ribbon; and the Sharpshooter
Marksmanship Qualification Badge, with Rifle Bar.

11.  There are no documents in the applicant’s service personnel file or in
her Official Military Personnel File (OMPF) and the applicant provided
none, to show that she was deployed to Somalia during the period of her
enlistment.

12.  Requests were made to the Defense Finance and Accounting Service
(DFAS) for a copy of a document from her Master Military Pay Account (MMPA)
to show receipt of hazardous duty pay or imminent danger pay for her
alleged service in Somalia.

13.  The applicant’s signature appears on the copy of the DD Form 214 she
provided.  The applicant's signature on the form attests to the accuracy
and completeness of the information recorded on her separation document.

14.  Army Regulation (AR) 635-5 prescribes policies and procedures
regarding separation documents.  Specific instructions for the completion
of each item of the DD Form 214 are provided in paragraph 2-4 of this
regulation.

      a.)  Paragraph 2-4h(18)(f) states that "For a Reserve Soldier
ordered to active duty and deployed to a foreign country, enter the
following three statements in succession.  (However, for an active duty
Soldier deployed with his or her unit during their continuous period of
active service enter only the second statement.)  (1) Ordered to active
duty in support of (Operation Name) per 10 USC (applicable section).  (2)
Service in (Name of Country Deployed) from (inclusive dates for example
YYYYMMDD – YYYYMMDD).  (3) Soldier completed period for which ordered to
active duty for purpose of post service benefits and entitlements."

      b.)  Paragraph 2-4h(21) provides for entry of the Soldier's signature.
 "The Soldier's signature indicates a Soldier has reviewed the form and
accepted the information as being correct to the best of their knowledge."

15.  AR 15-185, paragraph 2-9, states that the ABCMR begins it
consideration of each case with the presumption of administrative
regularity.  The applicant has the burden of proving an error or injustice
by a preponderance of the evidence.  This same regulation states, in
paragraph 2-2c. that the ABCMR will decide cases on the evidence of record.
 It is not an investigative body.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the applicant's service personnel record or in
her OMPF, and the applicant provided none, to show she deployed with her
unit to Somalia in support of an operation in that country while she served
on active duty.

2.  Even though the ABCMR is not an investigative body, requests were made
to the Defense Finance and Accounting Service (DFAS) for a copy of a
document from her Master Military Pay Account (MMPA) to show receipt of
hazardous duty pay or imminent danger pay for her alleged service in
Somalia.  These requests failed to achieve any results.

3.  Item 12f and Item 18, of the applicant's DD Form 214, do not show the
applicant was awarded credit for foreign service when she was released from
active duty.

4.  The Armed Force Expeditionary Medal was added to the applicant's DD
Form 214 on her release from active duty; however, the DD Form 214 is
absent an indication why this award was posted to the DD Form 214.
5.  The Board noted that the applicant’s signature appears on the copy of
the DD Form 214 that she provided in support of her request.  The
applicant's signature on the form attests to the accuracy and completeness
of the information recorded on her separation document; therefore, there
is no basis for approval of the applicant's request.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 February 1995; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 2 February 1998.  The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_LMD ___  _J______  __DLL___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ______John T. Meixell______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003409                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060222                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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