IN THE CASE OF: BOARD DATE: 28 September 2020 DOCKET NUMBER: AR20200001214 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to - * show he completed foreign service in Mogadishu, Somalia from August 1993 through March/April 1994 * add all awards he may be entitled to for his foreign service in Somalia APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR 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, in effect, his DD Form 214 does not reflect the last 6 months he served in Somalia with the 10th Aviation Brigade, or any awards for this foreign service. 3. The record shows the applicant enlisted in the Regular Army on 5 April 1990. 4. His DA Form 2-1 (Personnel Qualification Record) shows in: a. Item 5 (Foreign Service), he completed 24 months of foreign service in Korea from 1 October 1990 – 7 October 1992. b. Item 5, further shows he completed 2 months of foreign service in Somalia, 2 January 1993 – 26 February 1993. He was not credited with normal tour completion and his date return from overseas (DROS) was adjusted to "921129," a date prior to his arrival in Somalia, which indicates a typographical error. c. Item 35 (Record of Assignment), does not show the applicant served in Somalia. 5. On 20 December 1993, the applicant was recommended for award of the Army Commendation Medal (ARCOM) for the period 7 October 1992 to 2 April 1994. His achievements included- * being integral to the preparation for deployment and operation of the brigade communication's shop during 3 field training exercises, Hurricane Andrew Relief, and Operations Restore and Continue Hope in Somalia * on 13 September 1993, while under heavy fire, manning an unoccupied Tunisian positon along the embassy wall to assist in the extraction of 2nd Battalion, 14th Infantry elements pinned down by enemy fire 6. The applicant was awarded the ARCOM for exceptionally meritorious service while assigned to the 10th Aviation Brigade, Somalia, for the period September 1993 to April 1994 (approximately 7 months), in Permanent Order Number 003-001, published on 7 January 1994. 7. On 4 April 1994, he was honorably released from active duty. His DD Form 214, shows in Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): * Army Service Ribbon * National Defense Service Medal * Driver and Mechanic Badge with Driver "W" Clasp * Overseas Service Ribbon * Joint Meritorious Unit Award * Army Good Conduct Medal * Armed Forces Expeditionary Medal * Army Service Ribbon * Expert Marksmanship Qualification Badge with Rifle and Grenade Bars * Army Achievement Medal (2nd Award) * ARCOM 8. Item 18 (Remarks) of his DD Form 214 shows he served in Somalia from "930102 TO 930226," approximately 2 months. 9. Regulatory guidance states: To enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in Item 18 of the DD Form 214 for active duty Soldiers deployed with their units to a foreign country during the period covered. BOARD DISCUSSION: 1. After reviewing the application and all supporting evidence, in addition to the Administrative Notes annotated by the analyst of record (below the signature), the Board found that relief was warranted. There is sufficient evidence to indicate that the applicant’s most recent DD Form 214, ending 4 April 1994 is absent important information regarding the applicant’s service. 2. Regarding the applicant’s request for correction to his foreign service, the Board found sufficient evidence that the applicant served in Mogadishu, Somalia from September 1993 to April 1994 (approximately 7 months). The applicant’s record contains an ARCOM award recommendation for service in Somalia that covers the period September 1993 to April 1994 and specifically mentions an achievement that occurred on September 13, 1993. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the Administrative Notes annotated by the Analyst of Record (below the signature), 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 amending his DD Form 214 effective 4 April 1994, by correcting: * item 12f (Foreign Service) to show “2 years, 6 months, 19 days” vice “2 years, 2 months, 2 days.” * item 18 (Remarks) to show “SERVICE IN SOMALIA 13 September 1993 to 1 April 1994.” 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. ADMINISTRATIVE NOTE(S): 1. The applicant is authorized additional awards for his foreign service in Korea from 1 October 1990 to 7 October 1992 in accordance with AR 600-8-22 which states: a. The KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. b. The Overseas Service Ribbon is awarded for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. The applicant completed the equivalent of two tours in Korea. 2. Correct the applicant's DD Form 214 by deleting the OSR; and adding the KDSM and OSR (2nd Award) to Item 13. ? REFERENCES: 1. Title 10, United States 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. 2. Army Regulation (AR) 635-5 (Personnel Separations-Separation Documents) prescribed the documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. Chapter 2 contains item-by-item preparation instructions for the DD Form 214. The guidance for preparation of: a. Item 12f (Foreign Service) enter amount of foreign service completed during the period covered. For enlisted members obtain the foreign service listed in in item 5 of the DA Form 2-1 (Personnel Qualification Record). If necessary verify the foreign service in the military record. b. Item 18 (Remarks) enter for active duty Soldiers deployed with their units to a foreign country during the period covered by the DD Form 214 the statement: "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." 3. AR 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes participation in Operation Restore Hope and Operation United Shield in Somalia from 5 December 1992 through 31 March 1995. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001214 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1