IN THE CASE OF:	  

		BOARD DATE:	       9 December 2008

		DOCKET NUMBER:  AR20080007672 


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 award of the Legion of Merit and that he served in a designated imminent danger pay area in Sinai, Egypt.

2.  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.

3.  The applicant provides a copy of his DD Form 214, dated 31 March 2003; a copy of his DA Form 638 (Recommendation for Award) and certificate, dated 3 March 2008, showing award of the Legion of Merit; a copy of his DA Form 67-9 (Officer Evaluation Report) for the period 9 May 1998 to 29 January 1999; and a copy of a certificate of appreciation, dated 13 January 1999, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was appointed as an infantry commissioned officer and entered active duty on 10 May 1980.  He was honorably separated on 31 March 2008 and placed on the Retired List in his retired rank of colonel on 1 April 2008.  He was credited with 27 years, 10 months, and 21 days of active duty service.

2.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Bronze Star Medal, the Meritorious Service Medal (7th Award), the Army Commendation Medal, the Army Achievement Medal (3rd Award), the National Defense Service Medal (2nd Award), the Global War on Terrorism Service and Expeditionary Medals, the Armed Forces Service Medal, the Humanitarian Service Medal, the Army Service Ribbon, the Overseas Service Ribbon (2nd Award), the Multinational Force and Observers Medal, the Expert Infantryman Badge, the Air Assault Badge, the Parachutist Badge, and the Ranger Tab.  Item 13 does not show award of the Legion of Merit.

3.  Item 18 (Remarks) of the applicant’s DD Form 214 shows the applicant served in a designated imminent danger pay area in Kuwait from 1 June 2004 to 10 January 2005.  Item 18 does not show service in Sinai, Egypt.

4.  Headquarters, U.S. Army Forces Command, Fort McPherson, Georgia, Permanent Order Number 63-2, dated 3 March 2008, shows the applicant was awarded the Legion of Merit for meritorious service in various positions of great responsibility and trust.

5.  Part V(b) (Performance and Potential Evaluation) of the applicant's DA Form 67-9 for the period 9 May 1998 to 29 January 1999 shows the applicant "led his battalion through a demanding 205 day deployment to the Sinai Peninsula for duty with the Multinational Force and Observers (MFO)." 

6.  The applicant's MFO-Sinai Force Commander's Certificate of Appreciation, dated 13 January 1999, shows the applicant was cited for his outstanding contribution to the MFO as the commander of Task Force (TF) 2-1 U.S. battalion (USBATT) from 12 July 1998 to 25 January 1999.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.   Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the “Remarks" block of the Soldier's DD Form 214 is used for mandatory requirements when a separate block is not available.  For an active duty Soldier deployed with his/her unit during their continuous period of active service, enter the statement "Service in (Name of County Deployed) from (inclusive dates for example, YYMMDD– YYMMDD).”

8.  The mission of the MFO is to supervise the implementation of the security provisions of the Egyptian-Israeli Treaty of Peace and employ best efforts to prevent any violation of its terms.  Article II of Annex I to the Treaty of Peace establishes four security zones, three in Sinai, Egypt and one in Israel along the international border.  The United States Army provides the single largest contingent to the MFO based at both North and South Camp and has provided an Infantry Battalion Task Force (TF) in support of the MFO mission since the inception of the MFO.  The mission of the TF is to occupy the southern sector of a security zone and to observe and report in accordance with the Treaty of Peace and its Protocol.  The unit mans eleven remote sites in its sector on a 24 X 7 basis and also operates selected temporary observation posts and mobile patrols on a random basis each day.  The TF is also responsible for the operation and security of South Camp.  The 2nd Battalion, 1st Infantry was the TF in the Sinai, from July 1998 to January 1999.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Legion of Merit for meritorious service in various positions of great responsibility and trust, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  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 show this period of deployment.  

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 adding the Legion of Merit to Item 13 and the entry "Service in Sinai, Egypt  19980712 to 19990125" to Item 18 of the applicant's DD Form 214.


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      _______ _   _______   ___
       	   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)                                         AR20080007672





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ABCMR Record of Proceedings (cont)                                         AR20080007672



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