ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  28 August 2019

	DOCKET NUMBER:  AR20170006042

APPLICANT'S REQUESTS: 

* correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 1 September 1994 to show his deployment to Somalia in 1993, while serving with Company A., 2nd Battalion. 14th Infantry Regiment
* request a DD Form 215 (Correction to the DD Form 214), once the appropriate changes have been made

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Certificate of Release or Discharge From Active Duty)
* Combat Infantryman Badge Orders, 28 October 1993
* Separation Order Number 054-64, 4 November 1993
* Separation Order Number 330-00206, 26 November 1993

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he served in Somalia and was awarded the Combat Infantryman Badge for proficiency of duties, under hazardous conditions and circumstances of extra ordinary hardship in this conflict.  His DD Form 214 does not show he served in Somalia and is erroneous in fact.  

3.  The applicant provides:

	a.  A copy of his Combat Infantryman Badge’s orders dated, 28 October 1993, which states he was assigned to Company A, 2nd Battalion, 14th Infantry Regiment, Fort Drum, NY for proficiency in performance of duties, under hazardous conditions and circumstances of extraordinary hardship, as well as, special qualifications and successful completion of prescribed courses of training.

	b.  A copy of his separation orders showing he was approved for separation under the Voluntary Separation Incentive (VSI) / Special Separation Bonus (SSB) program.  Both orders has him assigned to Company A, 2nd of the 14th Infantry, Fort Drum, New York.

4.  A review of the applicant’s service record shows he enlisted in the Regular Army on 19 June 1981.

5.  His DA Form 2-1 (Personnel Qualification Record – Part II) block 5, shows his overseas tours as follow:

* Germany 830221 – 850419
* Germany 861103 – 910925
* Saudi Arabia 910926 – 920206
* Germany 920207 – 921222

6.  His record does not contain documentation showing he was deployed to Somalia; however, it does contain permanent order number 301-090 showing he was awarded the Combat Infantryman Badge from Headquarters, 10th Aviation Brigade Mogadishu, Somalia, dated 28 October 1993.   

7.  The applicant was honorably released from active duty on 1 September 1994, by reason of early release program-special separation benefit.  His DD Form 214 shows in:

     a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the following entries:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal 
* Southwest Asia Service Medal with 1 Bronze Service Star (BSS)
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Combat Infantryman Badge
* Noncommissioned Officer Professional Development Ribbon (2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Hand Grenade Expert Qualification Badge

     b.  Item 18 (Remarks), contains an entry of service Southwest Asia 1991/09/26-1992/02/06.

8.  By regulation, Army Regulation 600-8-22 provides that the Armed Forces Expeditionary Medal is designated United States Operations in Direct Support of the United Nations.  Somalia’s designated campaigns are assigned time period 5 December 1992 to 31 March 1995 and is awarded for Restore Hope and United Shield Campaigns.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined relief was not warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board noted there was evidence of the applicant’s service in Somalia, but insufficient evidence to show the term or length of that service.  The Board concluded that without the length of the service in Somalia, the service cannot be annotated on the applicant’s DD Form 214.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION

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.
	 
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.


REFERENCES:
1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.   Army Regulation 635-5 (Separation Documents), dated 15 September 2000, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form is complete and accurate.  Chapter 2 contains specific guidance for preparation of the DD Form 214.  It states for:

     a.  Item 12f (Foreign Service), enter the total amount of foreign service completed during the period covered by the DD Form 214.

     b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), enter all awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards) verifying each entry by the Soldier's records.  

     c.  Item 18 (Remarks), 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-YYMMDD)."

3.  AR 635-8 (Separation Processing and Documents Documents), provides for regular component (RC) Soldiers ordered to active duty, participating in or supporting a contingency operation, and deployed to a foreign country, enter the following three statements in 1, 2, and 3, below in succession. For RC Soldiers ordered to active duty, participating in or supporting a contingency operation, and stationed in the continental United States enter statements in 1 and 3, below. For active duty Soldiers deployed with their unit during their continuous period of active service, enter only the statement in 2, below.
* ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section).”
* SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates).”

ABCMR Record of Proceedings (cont)	 AR20170006042


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