IN THE CASE OF: BOARD DATE: 3 November 2015 DOCKET NUMBER: AR20150003682 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 the award of the Armed Forces Expeditionary Medal (AFEM) for her foreign service in Somalia. 2. She states the award was issued after her expiration term of service (ETS) date; therefore, it was never added to her DD Form 214. 3. She provides a message awarding the AFEM to members of the Armed Forces for participation in Operation Restore Hope, Somalia, and a by-name roster identifying eligible recipients for the award. 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. Having prior service, the applicant served an honorable period of active duty service in the Regular Army from 2 October 1991 to 28 July 1993 with no lost time. 3. Her Official Military Personnel File (OMPF) contains, and the applicant provided, a personnel roster attached to a Department of the Army (DA) message. This message authorized commanders to award the AFEM to military personnel who participated in Operation Restore Hope in Somalia for the period beginning 5 December 1992 to a date to be determined. The applicant’s name is listed on this personnel roster as having served in Somalia for the period 1 January to 1 February 1993. 4. Her DD Form 214, issued on 28 July 1993, shows she was awarded or authorized the: * Army Service Ribbon * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar 5. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. It stated for Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to enter decorations, etc. awarded or authorized for all periods of service. DISCUSSION AND CONCLUSIONS: The evidence shows the applicant was authorized the AFEM for her participation in Operation Restore Hope, Somalia, for the period 1 January to 1 February 1993 and this award is not listed on her DD Form 214. BOARD VOTE: ____X____ ____X____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 to her DD Form 214 the Armed Forces Expeditionary Medal-Somalia. _____________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) AR20150003682 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003682 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1