Search Decisions

Decision Text

ARMY | BCMR | CY2006 | 20060001844C070205
Original file (20060001844C070205.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         5 October 2006
      DOCKET NUMBER:  AR20060001844


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James B. Gunlicks             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Scott W. Faught               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of a unit award.

2.  The applicant states, in effect, that her unit was awarded a unit
citation while she was assigned and she should have received this award.
She claims she was a member of Company F, 4th Support Battalion, Fort
Stewart, Georgia, and during her assignment to this unit, it completed a
six month tour in Egypt.  She states that after the unit returned from
Egypt, it received an award.  She indicates that she was found to be with
child before the unit left for Egypt and as a result she did not go.
However, given she served with the unit and provided support related to the
mission in Egypt, she should receive the award.  She concludes by
commenting that the award would look good on her resume, and an
acknowledgement of appreciation for her service.

3.  The applicant provides a self-authored statement and her separation
document (DD Form 214) in support of the application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 9 June 1987.  The application submitted in this case is
dated 26 January 2006.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's record shows she enlisted in the Regular Army and
entered active duty on 27 September 1980.  She was trained in, awarded, and
served in military occupational specialty (MOS) 91A (Medical Specialist),
and the highest rank she attained while serving on active duty was
specialist four (SP4).

4.  The applicant's Personnel Qualification Record shows, in Item 5
(Overseas Service), that she served in Germany from 3 March 1981 through 28
October 1983, and that this is the only overseas service she performed
while serving on active duty.
5.  Item 9 (Awards, Decorations & Campaigns) of the applicant's DA Form 2-1
 shows that during her active duty tenure, she earned the following awards:
 Army Good Conduct Medal (AGCM); Army Service Ribbon (ASR); Overseas
Service Ribbon (OSR); Expert Qualification Badge with Rifle Bar; and
Marksman Qualification Badge with Grenade Bar.  There are no unit awards
included in the list of awards contained in Item 9.

6.   Item 35 (Record of Assignments) of the applicant's DA Form 2-1 shows
that she served with Company F, 4th Combat Support Battalion, Fort Stewart,
Georgia, from 1 September 1985 through 9 June 1987.

7.  On 9 June 1987, the applicant was honorably separated after completing
a total of 6 years, 8 months, and 11 days of active military service.  Item
13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized) shows she earned the following awards during her active duty
tenure: AGCM; ASR; OSR; Expert Qualification Badge with Rifle Bar; and
Third Class (Marksman) Qualification Badge with Grenade Bar.

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards
policy. Paragraph 9-18 contains guidance on the Multinational Force and
Observers (MFO) Medal.  It states that the Multinational Force and
Observers Medal was established by the Director General, Multinational
Force and Observers (MFO), 24 March 1982.  Presidential acceptance for the
United States Armed Forces and DOD civilian personnel is announced by
Department of Defense on 28 July 1982.  It further indicates that to
qualify for the award personnel must have served with the MFO at least
ninety (90) cumulative days after 3 August 1981. Effective 15 March 1985,
personnel must serve 6 months (170 days minimum) with the MFO to qualify
for the award.  Periods of service on behalf of the MFO outside of the
Sinai, and periods of leave while a member is serving with the MFO, may be
counted toward eligibility for the MFO medal.  Qualifying time may be lost
for disciplinary reasons.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) was published to assist commanders and
personnel officers in determining or establishing the eligibility of
individual members for campaign participation credit, assault landing
credit, and unit citation badges awarded during the Vietnam Conflict, the
Grenada Operation, and the period of service subsequent to the Vietnam
Conflict up to September 1987.  A review of this register reveals that the
applicant's unit (Company F,
4th Combat Support Battalion) earned no unit awards during the applicant's
tenure of assignment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that she should have received a unit award
received by the rest of her unit for service in Egypt, and the supporting
documents she submitted, were carefully considered.  However, there is
insufficient evidence to support her claim.

2.  The evidence of record confirms the applicant's unit received no unit
awards that would have entitled every member serving in the unit the award,
such as the Meritorious Unit Commendation, Superior Unit Award, or
Presidential Unit Citation.  Further, the award the members of her unit
received upon their return from Egypt was most likely the Multinational
Force and Observers Medal, which was only authorized for members who
actually served in Egypt with the MFO for six or more months.  By the
applicant's own admission, she did not deploy to or serve in Egypt with her
unit.  Therefore, there is an insufficient evidentiary basis to support
granting the requested relief in this case.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 June 1987, the date of her
separation from active duty.  Therefore, the time for her file a request
for correction of any error or injustice expired on 8 June 1990.  She
failed to file within the 3-year statute of limitations and has not
provided a compelling explanation or evidence to show that it would be in
the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JBG   _  __MJF __  __SWF __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____James B. Gunlicks   __
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001844                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/10/05                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1987/06/09                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Reduction in Str                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]


Similar Decisions

  • ARMY | BCMR | CY2009 | 20090015455

    Original file (20090015455.txt) Auto-classification: Approved

    Additionally, he requests the Army Achievement Medal (AAM) and the Multinational Forces Observer (MFO) Medal be added to his DD Form 214. The applicant states that he received the AAM and the Multinational Forces Observer Medal while on active duty. The available records do not show he was awarded the AAM and the MFO Medal.

  • ARMY | BCMR | CY2011 | 20110010939

    Original file (20110010939.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. However, his OMPF contains evidence to support only three awards, the one award that is not documented in the applicant's records is the fourth award for the period 15 to 25 June 1989 for his support to ROTC Camp Adventure, Fort Lewis. As a result, the Board recommends that...

  • ARMY | BCMR | CY2014 | 20140004726

    Original file (20140004726.txt) Auto-classification: Approved

    The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her deployment to the Multinational Force and Observers (MFO) peacekeeping mission in Sinai-Egypt during the period August 1983 – February 1984 and the award she received for that deployment. Therefore, as a matter of equity the applicant’s deployment in support of the MFO in Sinai – Egypt during the period August 1983 – February 1984 should be added to her DD Form 214. ...

  • ARMY | BCMR | CY2008 | 20080019601

    Original file (20080019601.txt) Auto-classification: Denied

    The National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) issued to the applicant upon his 30 November 1996 discharge from the SCARNG shows that as of that date, he had earned the following awards during his military service tenure: AGCM (4th Award), NDSM, NCOPDR, ASR, OSR (4th Award), and AAM. The applicant also provides an MFO, Sinai certificate that indicates he served with the MFO from 2 November 1990 through 4 March 1991. The evidence of record fails to show...

  • ARMY | BCMR | CY2015 | 20150001574

    Original file (20150001574.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Army Commendation Medal (ARCOM), and to show his foreign service in support of Operations Desert Shield/Desert Storm. The applicant's request for correction of his DD Form 214 to show he was awarded the ARCOM, and to show his foreign service in support of Operations Desert Shield/Desert Storm, was carefully considered. His DD Form 214 shows he was...

  • ARMY | BCMR | CY2008 | 20080014442

    Original file (20080014442.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Sinai, Egypt and two awards of the Army Achievement Medal. 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. The evidence of record shows...

  • ARMY | BCMR | CY2002 | 2002083037C070215

    Original file (2002083037C070215.rtf) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding three Army Achievement Medals, the Multinational Force and Observers Medal, the Dutch UZI-Machinegun Qualification Badge, his promotion to sergeant and a change in his MOS (Military Occupational Specialty) from 11B to 95B. The Dutch UZI-Machinegun Qualification Badge is not listed as an authorized foreign badge in Appendix D, Army Regulation 600-8-22, and there is no...

  • ARMY | BCMR | CY2008 | 20080007672

    Original file (20080007672.txt) Auto-classification: Approved

    The applicant states that he served as a battalion commander in a designated imminent danger pay area in Sinai, Egypt, from 12 July 1998 to 25 January 1999, and that he was awarded the Legion of Merit after his DD Form 214 was prepared. The evidence of records shows the applicant served in Sinai, Egypt, a designated imminent danger pay area, from 12 July 1998 to 25 January 1999, which is not shown in Item 18 of his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to...

  • ARMY | BCMR | CY2013 | 20130016584

    Original file (20130016584.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * completion of the Infantry School and Air Assault School * award of the Army Commendation Medal and Army Achievement Medal * his service during Operation Desert Storm and all corresponding medals 2. His DD Form 214 shows he completed 4 years, 8 months, and 7 days of active service. As a result, the Board recommends denial of so much of the application that pertains to...

  • ARMY | BCMR | CY2006 | 20060012384

    Original file (20060012384.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 March 2007 DOCKET NUMBER: AR20060012384 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The Board considered the following evidence: Exhibit A - Application for correction of military records. Service with the MFO is not one of the designated operations eligible for award of the Armed Forces Expeditionary Medal.