BOARD DATE:  9 July 2015

		DOCKET NUMBER:  AR20140020645 


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 deployment with the Multinational Force and Observers (MFO) peacekeeping mission to the Sinai, Egypt.

2.  The applicant states this deployment was not added to his DD Form 214 when he was released from active duty (REFRAD).  He was separated during the holiday period and he was told he could ask for a correction at a later date.

3.  The applicant provides copies of his –

* deployment orders 
* DD Form 214
* letter to the Internal Revenue Service (IRS)

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 29 May 1998 for a period of 3 years.  He held military occupational specialty 11B (Infantryman).

3.  He provides copies of: 	

	a.  Orders 345-00491, Headquarters, 10th Mountain Division, Fort Drum, New York, dated 11 December 1998, shows temporary change of station orders for Headquarters and Headquarters Company, 1st Battalion, 32nd Infantry.  The unit was assigned to the Multinational Force and Observers-Task Force effective 7 January 1999 for 179 days.  The applicant's name is included in the unit personnel annex.

	b.  In his letter to the IRS he explained that he served in Sinai, Egypt, from January 1999 to July 1999 and that he was eligible for the "Combat Zone Tax Exclusion" for that period.

4.  He was REFRAD on 22 December 2000 as a private/E-2.  He had completed 2 years, 6 months, and 24 days of active duty service.  His DD Form 214 shows he was awarded the Army Service Ribbon; item 12f (Foreign Service) is void; and item 18 (Remarks) does not show his dates or location of his deployment. 

5.  The Defense Finance and Accounting Service (DFAS) verified that the applicant's Master Military Pay Account (MMPA) shows he received hostile fire/imminent danger pay (HF/IDP) for Egypt from 23 January 1999 through 22 July 1999 (6 months).

6.  Army Regulation 600-8-22 (Military Awards) states the Multinational Force and Observers Medal was accepted by the President for the U.S. Armed Forces on 28 July 1982.  Effective 15 March 1985, personnel must serve 6 months with the Multinational Force and Observers to qualify for the award. 

7.  Army Regulation 635-5 (Separation Documents), the regulation in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  This regulation states to enter the total amount of foreign service completed during the period of service in item 12c.  Item 18 is used to document a Soldier's participation in foreign deployments in support of named operations.  Its instructions provide that for active duty Soldiers, deployed with their unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request has merit.  His MMPA shows he received HF/IDP for Egypt from 23 January 1999 through 22 July 1999, a period of 6 months.  As such, it would be appropriate to show he served overseas during this period and correct item 12f of his DD Form 214 to show a total of 6 months.  Based on his deployment, item 18 should be corrected to also show his foreign service dates and location. 

2.  He completed a qualifying period of service for the Multinational Force and Observers Medal and is entitled to correction of his DD Form 214 to show this award.

BOARD VOTE:

____X____  ___X_____  __X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 to his DD Form 214 the Multinational Force and Observers Medal;

	b.  amending item 12f of his DD Form 214 to show "0000 06 00;" and

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SINAI – EGYPT FROM 19990123-19990722."



      _________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.
ABCMR Record of Proceedings (cont)                                         AR20140004726



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ABCMR Record of Proceedings (cont)                                         AR20140020645



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