IN THE CASE OF: BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160015578 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160015578 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160015578 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 support of Operations Desert Shield and Desert Storm and their associated awards. In addition, he requests his foreign service in Somalia be added to his DD Form 214 with its associated awards. 2. The applicant states there is no record of his service for Operations Desert Shield and Desert Storm and Somalia [Operation Restore Hope]. He was assigned to Headquarters and Headquarters Company, 5th Battalion, 158th Aviation Regiment in United States Army – Europe. 3. The applicant did not provide evidence. 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 25 September 1990. 3. His DA Form 2-1 (Personnel Qualification Record – Part II) lists his overseas service from 25 June 1991 to 5 August 1993 in United States Army – Europe. He served 24 months in Germany. There are no other entries showing his foreign service in Southwest Asia or Somalia. Among his awards is the Armed Forces Expeditionary Medal and there are no service medals for Southwest Asia listed on this form. 4. The Gulf War Roster does not show he deployed to Southwest Asia. 5. He was honorably released from active duty on 24 September 1993. His DD Form 214 shows he completed 3 years of net active service. Additionally: a. item 12f (Foreign Service) contains the entry 2 years, 1 month and 11 days. b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not list the Southwest Asia Service Medal or any other awards authorized for service in Southwest Asia during the Gulf War. It does show he received the Armed Forces Expeditionary Medal. c. item 18 (Remarks) does not contain any remarks referring to his service in Southwest Asia or Somalia. 6. A search of his personnel record failed to reveal documents showing he deployed to Southwest Asia. There is a memorandum in his record from the personnel officer of 5th Battalion, 158th Aviation Regiment dated 22 June 1993 stating personnel that deployed for Operation Restore Hope are authorized the Armed Forces Expeditionary Medal. The applicant's name is not shown on the memorandum nor are his dates of service in Somalia. REFERENCES: 1. Army Regulation 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. Chapter 2 establishes standardized policy for the preparation of the DD Form 214. It states that for: * item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 * item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 * item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service in (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)" 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its 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. DISCUSSION: 1. The applicant's name is not contained within the Gulf War Roster showing he deployed with his unit to Southwest Asia in support of Operations Desert Shield and Desert Storm. 2. There is a memorandum in his record and his DD Form 214 supports the fact he received the Armed Forces Expeditionary Medal for Operation Restore Hope. However, the memorandum does not show his deployment dates to Somalia in support of Operation Restore Hope. Without the specific dates of service, there appears to be insufficient evidence to support correcting his record. 3. As his deployed service cannot be verified through official records, authorization for service medals or campaign ribbons cannot be determined. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015578 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015578 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2