IN THE CASE OF:	  

		BOARD DATE:	  19 May 2009

		DOCKET NUMBER:  AR20080019601 


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, award of the Multi-National Force Observer (MFO) Medal.   

2.  The applicant states, in effect, he served with the MFO, Sinai, Egypt, during Operation Desert Storm, but the MFO Medal was not included in the list of awards contained in his DD Form 214.  

3.  The applicant provides the following documents in support of his application:  DD Form 214, MFO Medal application, Army Achievement Medal (AAM) certificate, MFO certificate, and Operation Desert Storm awards memorandum.  

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 record shows that he initially enlisted in the Regular Army and entered active duty on 19 June 1980, and was trained in and awarded military occupational specialty (MOS) 11B (Infantryman).  

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he 
was promoted to sergeant (SGT)/E-5 on 1 September 1989 and that this is the highest rank he attained while serving on active duty.  Item 5 (Overseas Service) 
shows the applicant completed overseas tours in Germany and Korea.  

4.  Item 9 (Awards, Decorations & Campaigns) of the applicant's DA Form 2-1 shows that during his active duty tenure the applicant earned the Army Service Ribbon (ASR), National Defense Service Medal (NDSM), Army Good Conduct Medal (AGCM) (4th Award), Noncommissioned Officer Professional Development Ribbon (NCOPDR), Overseas Service Ribbon (OSR) (4th Award), Expert Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  Item 35 (Record of Assignments) of the applicant's DA Form 2-1 shows that during the period between 26 June 1986 and 4 August 1992 he was assigned to B Company, 2nd Battalion, 14th Infantry Regiment, Fort Drum, New York, performing duties as an infantry team leader.  Item 33 (Date) shows that the applicant last reviewed his DA Form 2-1 on 10 September 1993.  

6.  The applicant's Official Military Personnel File (OMPF) is void of any orders or other documents (i.e., certificates, etc) indicating that he ever served in the Sinai, Egypt, as part of the MFO, or that he was ever awarded the MFO Medal.  

7.  On 30 November 1993, the applicant as honorably discharged, in the rank of SGT, by reason of early release program-special separation benefit, after completing 13 years, 5 months and 12 days of active military service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards during his active duty tenure:  AGCM (4th Award), NDSM, NCOPDR, ASR, OSR (4th Award), Expert Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.  The applicant authenticated the DD Form 214 with his signature in Item 21 (Signature of Member Being Separated) on the date of his discharge.  

8.  On 1 December 1993, the applicant enlisted in the South Carolina Army National Guard (SCARNG).  He served in this status for 3 years until being honorably discharged, by reason of expiration of service obligation, on
30 November 1996.
9.  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 MFO Medal was not included in this list of awards.  

10.  The applicant provides an AAM certificate that indicates he was awarded the AAM for his meritorious achievement during the period 4 November 1990 through 5 March 1991, while assigned to B Company, 2d Battalion, 14th Infantry Regiment.  The citation reads that the applicant's outstanding efforts enabled the Task Force to successfully complete its MFO peacekeeping mission in the Sinai, Egypt.  The applicant also provides an MFO, Sinai certificate that indicates he served with the MFO from 2 November 1990 through 4 March 1991. 

11.  Finally, the applicant provides a memorandum issued by his SCARNG unit, dated 6 December 1994, which indicates the applicant was a member of
B Company, 2d Battalion, 14th Infantry Regiment during Operation Desert Shield/Storm, and was part of the MFO from 20 November 1990 through             4 November 1991.  It further indicates that after the applicant departed the unit, it was awarded the Southwest Asia Service Medal (SWASM), Kuwait Liberation Medal, and a combat patch for its service during the period identified.

12.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 9-12 contains guidance on award of the MFO Medal.  It states, in pertinent part, that to qualify for this award on or after 15 March 1985, members must have served with the MFO for 6 months (170 days minimum).  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the MFO medal and it should be added to his record and separation document was carefully considered.  However, by regulation, in order to qualify for the MFO on or after 15 March 1985, a member must have served with the MFO for 6 months 
(170 days minimum).  

2.  The evidence of record fails to show the applicant served in the MFO, Sinai, Egypt for 170 days, or that he was ever awarded the MFO by proper authority while serving on active duty.  The documents provided by the applicant are not corroborated by the evidence of record; however, if they were, they show he served in the MFO, Sinai from 2 or 20 November 1990 through 4 March 1991, which at best is a total of 123 days, which is well short of the 170 day minimum required for the award.  As a result, there is an insufficient evidentiary basis to grant the requested relief. 

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 the aforementioned requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      _________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)                                         AR20080019601



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ABCMR Record of Proceedings (cont)                                         AR20080019601



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