BOARD DATE: 7 July 2016 DOCKET NUMBER: AR20150011656 BOARD VOTE: __x_______ _x______ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 7 July 2016 DOCKET NUMBER: AR20150011656 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: a. adding the Army Achievement Medal to his DD Form 214 for the period ending 5 April 1994, and b. adding the entry "SERVICE IN SOMALIA FROM 19930905-19931216" to item 18 of this DD Form 214 for the period ending 5 April 1994. __________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. BOARD DATE: 7 July 2016 DOCKET NUMBER: AR20150011656 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) for the period ending 5 April 1994 to show his deployment to Somalia. 2. The applicant states he served in Mogadishu, Somalia, for over 3 months. 3. The applicant provides: * DA Form 638 (Recommendation for Award of Army Achievement Medal (AAM), Army Commendation Medal, and Meritorious Service Medal) * AAM Certificate * 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. Having prior active service in the U.S. Marine Corps, the applicant enlisted in the Regular Army on 24 February 1993 for a period of 3 years. 3. The Defense Finance and Accounting Service confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Somalia from 5 September 1993 through 10 September 1993. 4. He provided Headquarters, 561st Combat Support Battalion, Permanent Orders 000013-483, dated 16 December 1993, awarding him the AAM for meritorious service as a heavy wheeled vehicle operator during Operation Continue Hope from 5 September 1993 to 16 December 1993. Achievement number 1 under Part B (Justification and Citation Data) of the DA Form 638 states, "Maintenance attentiveness and dedication to duty enabled [applicant] to accumulate 2,343 accident free miles under often hostile and dangerous conditions. This contributed to the platoon being the 'High Miler' for two consecutive months in Somalia during Operation Continue Hope." 5. He provided an AAM Certificate, dated 16 December 1993, showing he was awarded the AAM for exceptionally meritorious service as a heavy wheeled vehicle operator while deployed in support of Operation Continue Hope from 5 September 1993 to 16 December 1993. 6. On 5 April 1994, he was honorably discharged for hardship. 7. His DD Form 214 for the period ending 5 April 1994 shows the following awards: * Army Service Ribbon * National Defense Service Medal * Army Lapel Button * Marine Corps Good Conduct Medal * Sea Service Deployment Ribbon (2nd Award) * Southwest Asia Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 8. His DD Form 214 shows no deployments in item 18 (Remarks). REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared 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. There was no provision to show deployment dates on the DD Form 214. 2. The instructions in the subsequent version of Army Regulation 635-5 stated for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18. DISCUSSION: 1. The applicant's DA Form 638 and AAM Certificate confirmed he deployed to Somalia from 5 September 1993 to 16 December 1993. Item 18 of his DD Form 214 for the period ending 5 April 1994 does not show this deployment. 2. Orders show he was awarded the AAM. His DD Form 214 for the period ending 5 April 1994 does not show this medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011656 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011656 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2