IN THE CASE OF:	  

		BOARD DATE:	        28 October 2008

		DOCKET NUMBER:  AR20080014442 


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, 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.

2.  The applicant states, in effect, that he served with A Company, 2nd Battalion, 505th Parachute Infantry Regiment (PIR), 82nd Airborne Division, as part of the Multinational Force and Observers (MFO) in the Sinai and that this period of foreign service is not shown on his DD Form 214.  He also states that he was awarded two awards of the Army Achievement Medal; however, only one is shown on his DD Form 214.  

3.  The applicant provides a copy of his DD Form 214, dated 9 March 2001; two DA Forms 638 (Recommendations for Award) and two certificates, dated 28 February 2001 and 8 December 1998, showing two awards of the Army Achievement Medal; a copy of a DD Form 1056 (Authorization to Apply for a 
No-Fee Passport and/or Request for Visa), dated 10 February 2000; and a copy of a MFO Certificate of Participation, in support of his request.

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's records show he enlisted in the Regular Army for a period of 3 years and 17 weeks on 13 November 1997.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 9 March 2001.  The highest rank/grade he attained during his military service was specialist (SPC)/E-4.

3.  Item 12f (Foreign Service) of the applicant’s DD Form 214 shows the entry “0000  00  00.” 

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Army Lapel Button, the Army Achievement Medal, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar, the Expert Infantryman Badge, the Parachutist Badge, and the Ranger Tab.

5.  Item 18 (Remarks) of the applicant’s DD Form 214 does not show any foreign service.

6.  Headquarters, 1st Ranger Battalion, Hunter Army Airfield, Georgia, Permanent Order Number 342-6, dated 8 December 1998, shows the applicant was awarded the Army Achievement Medal for outstanding performance during the period 15 November 1998 to 19 November 1998.

7.  Headquarters, 2nd Battalion, 505th PIR, Fort Bragg, North Carolina, Permanent Order Number 59-01, dated 28 February 2001, shows the applicant was awarded the Army Achievement Medal for meritorious service during the period 11 November 1991 to 11 March 2001. 

8.  Achievement Number 2 of the applicant's DA Form 638, dated 28 February 2002, shows the entry “During Company A’s deployment to the Multinational Force and Observers, [Applicant] performed his duties as a tower guard and radio operator while assigned to OP3A and SCC-5.  His hard work and diligence contributed to the company’s exceptional performance on the MFO Operational Readiness Check.”
9.  The applicant submitted a copy of a DD Form 1056, dated 10 February 2000, that shows he applied for a “No-Fee” passport and/or Visa for travel to Egypt, on or around 1 July 2000.  

10.  The applicant submitted a copy of a Multinational Force and Observers Certificate of Participation that shows he participated in Rotation Number 39, with the 2nd Battalion, 505th PIR, in Sinai, Egypt, during the period July 2000 to January 2001. 

11.  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 total amount of foreign service completed during the period covered by the DD Form 214 is entered in Item 12f and is obtained from the Soldier’s Enlisted/Officer Record Brief.  Additionally, 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).”

12.  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, 505th PIR was the TF in the Sinai, from 15 July 2000 to 21 January 2001.



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded two awards of the Army Achievement Medal, one of which is not shown on his records; therefore, he is entitled to correction of his records to show two awards of the Army Achievement Medal.

2.  The evidence of records shows the applicant completed 6 months of foreign service as a member of the MFO in Sinai, Egypt, from 15 July 2000 to 21 January 2001, which is not shown on his records; therefore, he is entitled to correction of his records to show 6 months and 6 days of foreign service.

3.  The evidence of record also shows that Item 18 of the applicant’s DD Form 214 does not list his deployment to and/or service in Sinai, Egypt, during the period covered by the DD Form 214; therefore, he is entitled to correction of his records 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:

	a.  deleting the entry "0000  00  00" from Item 12f of his DD Form 214, dated 9 March 2001, and replacing it with the entry "0000  06  06"; 

	b.  deleting the entry (Army Achievement Medal from Item 13 of his DD Form 214 and replacing it with the entry Army Achievement Medal (1st Oak Leaf Cluster); and




	c.  adding the entry "Service in Sinai, Egypt, 20000715 to 20010121.” 




															XXX
      _______ _   _______   ___
               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)                                         AR20080014442



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ABCMR Record of Proceedings (cont)                                         AR20080014442



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