IN THE CASE OF:	  

		BOARD DATE:	  24 November 2009

		DOCKET NUMBER:  AR20090011452 


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 records to show his award of the Multinational Force and Observers (MFO) Medal.

2.  The applicant states that he was awarded the MFO Medal for duty with a task force in the Sinai that was given at the end of the rotation; however, it was not included on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant provides a copy of a DD Form 1610 (Request and Authorization for TDY Travel of DOD Personnel), dated 23 August 1982, with a by-name listing in support of is application.

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 (RA) on 6 October 1981 for a period of 3 years.  He completed his one-station unit training (OSUT) at Fort Benning, GA and he was transferred to Fort Campbell, KY for duty as a light weapons infantryman.  He was advanced to the rank/grade of private first class (PFC)/E-3 on 6 October 1981.

3.  He deployed to the Sinai as part of the MFO on 6 September 1982 and he was advanced to the rank/grade of specialist four (SP4)/E-4 on 1 March 1983.  He departed the MFO on 27 March 1982 and he returned to Fort Campbell.  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 20 February 1984 and on 20 August 1984, he was transferred to Korea, where he completed a 
13-month tour.  He was awarded the Expert Infantryman Badge and the Humanitarian Service Medal during his tour in Korea.

4.  On 18 August 1989, he was honorably discharged from active duty in the rank of SGT by reason of completion of required service.  He had served 7 years, 10 months, and 12 days of total active service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time of his discharge shows he was awarded the Army Service Ribbon, Army Good Conduct Medal (2d award), Army Commendation Medal (1st oak leaf cluster), Air Assault Badge, Noncommissioned Officer Professional Development Ribbon with numeral "2," Army Achievement Medal, and the Humanitarian Service Medal.

5.  A review of the applicant's records failed to show any indication that he was awarded the MFO Medal.  However, his records do show that he served on TDY with the Sinai MFOs for approximately 179 days on TDY based on Headquarters, 101st Airborne Division (Air Assault), Fort Campbell, Travel Order Number 7-497, dated 29 July 1982.

6.  The applicant enlisted in the Kentucky Army National Guard (KYARNG) on
20 October 1989 and he served until he was honorably discharged on 31 August 2002 and was transferred to the Retired Reserve in the rank/grade of staff sergeant (SSG)/E-6.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the MFO Medal which was accepted by the President on 28 July 1982.  To qualify for the award, personnel must have served with the Multinational Force and Observers at least 90 days cumulative after 3 August 1981.  Effective 15 March 1985, personnel must serve six months (170 days minimum) with the Multinational Force and Observers to qualify for the award.  Periods of service on behalf of the Multinational Force and Observers Medal outside of the Sinai and 
periods of leave while a member is serving with the Multinational Force and Observers may be counted toward eligibility for the Multinational Force and Observers Medal.  If an individual has not completed a cumulative six-month tour, then he or she is not eligible for award of the Multinational Force and Observers Medal unless the award is to be made posthumously, the member is medically evacuated due to service-incurred injuries or serious illness, or the member is withdrawn at the request of the parent government for national service reasons under honorable conditions.  Qualifying time for award of the Multinational Force and Observers Medal may be lost for disciplinary reasons.

8.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

9.  Army Regulation 600-8-22 states that the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea, the contiguous water out to 12 nautical miles, and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  The Soldiers must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  

a.  be engaged in combat during an armed engagement, regardless of the 
time in the area of eligibility;

b.  wounded or injured in the line of duty and required medical evacuation 
from the area of eligibility; or

c.  participate as a regularly assigned air crewmember flying sorties into, out 
of, or within the area of eligibility in direct support of military operations.

DISCUSSION AND CONCLUSIONS:

1.  Although there are no documents in the applicant's records to show that he was awarded the MFO Medal, his records do show that he served in the Sinai as 
an MFO during the qualifying period for award of the MFO Medal.  Accordingly, it is reasonable to presume that he was awarded the MFO Medal and that it was simply an administrative oversight that resulted in it not being added to his records.

2.  This presumption is further supported by the fact that the applicant was also entitled to have his awards of the EIB and the OSR added to his records and they also were omitted.  Therefore, his records should be corrected to show these awards.

3.  Additionally, he is entitled to the KDSM based on his service in Korea.  Accordingly, it would be appropriate to correct his records 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 adding to item 13 of his DD Form 214 the Korea Defense Service Medal, Overseas Service Ribbon, Multinational Force and Observers Medal, and the Expert Infantryman Badge.



      ____________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)                                         AR20090011452



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ABCMR Record of Proceedings (cont)                                         AR20090011452



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