IN THE CASE OF:	

		BOARD DATE:	11 March 2010  

		DOCKET NUMBER:  AR20090015455 


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 7 March 1998 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his 6-month deployment period from January to July 1997.  Additionally, he requests the Army Achievement Medal (AAM) and the Multinational Forces Observer (MFO) Medal be added to his DD Form 214.  

2.  The applicant states that he received the AAM and the Multinational Forces Observer Medal while on active duty. 

3.  The applicant provides a copy of his DD Form 214.

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 on 8 March 1995 and served until he was honorably released from active duty on 7 March 1998.  His last duty station is listed as Fort Drum, NY.

3.  Item 12f (Foreign Service) of the applicant's DD Form 214 does not show he was deployed and there is no reference to a deployment in item 18 (Remarks).

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists the following awards:  National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  The AAM and the MFO Medal are not listed. 

5.  The available records do not show he was awarded the AAM and the MFO Medal. 

6.  Documents contained in the applicant's official military personnel file (OMPF) show that in 1997 he was assigned to A Battery, 2nd Battalion, 15th Field Artillery, 10th Mountain Division (Light Infantry), Fort Drum.

7.  Information provided by the Defense Finance and Accounting Service (DFAS) verified that the applicant received hostile fire pay/imminent danger pay from 
1 January through 31 July 1997 for Egypt.  He also received foreign duty pay from 18 January through 20 July 1997.  However, he did not receive combat zone tax exemption pay for this period.

8.  Information obtained from the internet explains that the Multinational Force and Observers is an independent international organization, headquarters in Rome, with peacekeeping responsibilities in the Sinai.  The United States has provided an Infantry Battalion Task Force in support of the MFO mission since the inception of the MFO.  The Battalion Task Force rotated every 6 months as an integral unit from 1982 through 2002.  The responsibility for providing these battalions was rotated among the U.S. Army Active Component Infantry Divisions.  

9.  Department of the Army Personnel Policy Guidance for Overseas Contingency Operations provides, in pertinent part, that hostile fire pay/imminent danger pay (HFP/IDP) entitlement begins upon entry into a designated area and continues through the end of the month the Soldier departs the designated area. It is payable in the full amount without being prorated or reduced, for each month, during any part of which, a Soldier qualifies.
10.  Department of Defense Management Regulation, Volume 7A, provides guidelines on the entitlement to Foreign Duty Pay (FDP).  This regulation states, in pertinent part, that FDP starts on the day of arrival and ends the day of departure.

11.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4, in pertinent part, requires the preparer to enter the total amount of Foreign Service completed from the Enlisted Record Brief during the period covered in item 12f.  Additionally, the regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Multinational Force and Observers 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 Medal at least 90 days cumulative after 3 August 1981.  Effective 15 March 1985, personnel must serve 6 months (170 days minimum) with the Multinational Force and Observers Medal 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 Medal may be counted toward eligibility for the Multinational Force and Observers Medal.  If an individual has not completed a cumulative 6 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.


DISCUSSION AND CONCLUSIONS:

1.  DFAS verified that the applicant received HFP/IDP for his deployment in Egypt from 1 January through 31 July 1997.  However, he received FDP from 
18 January through 20 July 1997 which represents the actual dates of his deployment in Egypt.  Therefore, his DD Form 214 should be corrected to show
6 months and 3 days of Foreign Service in item 12f and deployment in Egypt from 18 January through 20 July 1997 in item 18.

2.  There are no orders to show the applicant was awarded the AAM.  Therefore, based on the available evidence there is an insufficient basis for adding the AAM to his DD Form 214.  
 
3.  Information obtained from DFAS verifies that the applicant was deployed to Egypt for more than 6 months.  His records show he was assigned to Fort Drum as part of an infantry unit.  This information suggests that the applicant is entitled to the MFO Medal.  Therefore, in the interest of equity, the applicant's records should be corrected to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

   a.  deleting the current entry and adding 6 months and 3 days in item 12f of the applicant's 7 March 1998 DD Form 214;

   b.  adding  "SERVICE IN EGYPT FROM 19970118 to 19970720" in item 18; and
   
	c.  adding the MFO Medal in item 13. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the award of the AAM.  




      _______ _   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)                                         AR20090015455





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ABCMR Record of Proceedings (cont)                                         AR20090015455



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