IN THE CASE OF:
BOARD DATE: 12 October 2010
DOCKET NUMBER: AR20100012508
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his service with the Multinational Force and Observers (MFO) Peace-keeping force in the Sinai during the period 9 June to 1 December 1986 and his award of the Canadian Army Parachutist Badge.
2. The applicant states that he served with the MFO Peace-keeping force in the Sinai during the period 9 June to 1 December 1986 and he desires that duty to be reflected on his DD Form 214. He also states that he was awarded the Canadian Army Parachutist Badge and desires that award to be included as well.
3. The applicant provides a copy of a certificate showing his participation in the MFO Peace-keeping mission in the Sinai from 9 June to 1 December 1986 and a copy of the Department of the Army authorization to accept the award of the Canadian Army Parachutist Badge.
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 applicants 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 applicants 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 on 2 March 1983 for a period of 4 years, training under the airborne/ infantryman training option, and a cash enlistment bonus. He completed all of his training at Fort Benning, Georgia and was transferred to Alaska on 19 July 1983 for assignment to an airborne/infantry battalion at Fort Richardson.
3. While assigned to Alaska he was awarded the Expert Infantryman Badge (EIB) and was awarded the Canadian Army Parachutist Badge.
4. He completed his tour in Alaska on 18 July 1985 and was transferred to Fort Bragg, North Carolina for assignment to Company A, 2d Battalion 504th Parachute Infantry Regiment, 82d Airborne Division.
5. The applicant deployed with his unit to Sinai, Egypt as part of the MFO Peace- keeping force from 9 June to 1 December 1986 (5 months and 23 days).
6. On 11 February 1987, he was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200, paragraph 16-8 due to expiration of term of service and reduction in authorized strength. He had served 3 years, 11 months, and 10 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Parachutist Badge, the Army Service Ribbon, the Good Conduct Medal, and the Overseas Service Ribbon. It also shows he served 2 years of foreign service.
7. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. The regulation in effect at the time made no provisions for entering service with the MFO Peace-keeping Force on the DD Form 214 as it currently does for service in imminent danger areas.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his service with the MFO in the Sinai should be entered on his DD Form 214 has been noted. The applicable regulations did not provide that such entries would be made on the DD Form 214 for service with peace keeping missions. However, the applicants 5 months and 23 days of foreign service should be added to his DD Form 214 in block 12f (Foreign Service).
2. The applicants contention that his award of the Canadian Army Parachutist Badge should be added to his DD Form 214 has been noted and found to have merit. That award was approved by the proper authority and should be added to his records at this time.
3. Additionally, the applicant was awarded the EIB that was omitted from his records at the time the applicants DD Form 214 was prepared. Accordingly, it should be added at this time.
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 adding the Canadian Army Parachutist Badge and the EIB to his DD Form 214 and that an additional 5 months and 23 days of foreign service be added to his DD Form 214 (block12f).
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 reflecting his service with the MFO in Sinai, Egypt on his DD Form 214.
_______ _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) AR20100012508
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ABCMR Record of Proceedings (cont) AR20100012508
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