IN THE CASE OF: BOARD DATE: 13 January 2022 DOCKET NUMBER: AR20210007155 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service: a. in Somalia as 19 January to 13 May 1993 instead of 19 January 1992 to 28 January 1993; b. in Haiti from 21 September 1994 to 2 December 1994; and c. as 6 months and 7 days in item 12f (Foreign Service). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 2 DA Forms 638 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal, (Army Commendation Medal, and Meritorious Service Medal) * 4 Memoranda and an Endorsement * DD Form 214 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 Army Board for Correction of Military Records (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 his supporting documentation shows his participation in both Operation Restore Hope (Somalia) and Operation Uphold Democracy (Haiti) and the correct dates of service. 3. The applicant enlisted in the Regular Army on 29 October 1991. 4. On 16 March 2000, he was honorably discharged. He completed 8 years, 4 months and 18 days of net active service during this period. Item 12f (Foreign Service) contains the entry "0000 00 10." Item 18 (Remarks) contains the entry "SERVICE IN SOMALIA FROM: 19930119 – 19930128." However, it does not indicate that he deployed to Haiti. This form further shows he was awarded or authorized the: * Army Achievement Medal (4th Award) * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Armed Forces Expeditionary Medal (2nd Award) * Humanitarian Service Medal (2nd Award) * Army Service Ribbon * United Nations Medal * Expert Marksmanship Qualification Badge with Rifle Bar * Master Parachutist Badge * French Army Parachutist Badge 4. During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account which shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in: * Somalia from 1 January 1993 to 31 May 1993 (a period of 5 months), and * Haiti from 1 September 1994 to 31 December 1994 (a period of 4 months) 5. The applicant provides: a. Memorandum issued by the Adjutant, Headquarters, 327th Signal Battalion (Airborne), on 14 December 1993, which states the applicant is authorized award of the Shoulder Sleeve Insignia for participation in the Somalia deployment. An attached roster of names shows he departed on 19 January 1993 and returned on 13 May 1993 (a period of 3 months and 25 days). b. Memorandum issued by the commander, Headquarters, 327th Signal Battalion (Airborne), on 1 February 1995, which states the applicant was approved for award of the Armed Forces Expeditionary Medal for his participation in Operation Uphold Democracy in Haiti. An attached roster of names shows he was deployed from 21 September 1994 to 2 December 1994 (a period of 2 months and 12 days). c. Approved Army Achievement Medals for service in Somalia and Haiti. 6. Army Regulation 635-5 (Separation Processing), then in effect, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for: * item 12f enter the total amount of foreign service completed during the period covered by the DD Form 214 * item 18 (Remarks) for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)" BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is warranted. 2. The Board found the available records confirm the applicant's foreign service was not accurately recorded on his DD Form 214. The Board determined the applicant's DD Form 214 should be corrected to show his actual period of service in Somalia, his period of deployment to Haiti, and his total foreign service. 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: 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 as follows: * replace the entry in item 12f with "00 06 07" * delete from item 18 "SERVICE IN SOMALIA FROM: 19930119-19930128" * add to item 18 "SERVICE IN SOMALIA: 19930119-19930513//SERVICE IN HAITI: 19940921-19941202" 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, 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 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 635-5, then in effect, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for item 12f enter the total amount of foreign service completed during the period covered by the DD Form 214 and for item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)." 3. 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 ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210007155 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1