IN THE CASE OF:	  

		BOARD DATE:	    18 January 2011

		DOCKET NUMBER:  AR20100018301


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Expert Field Medical Badge and his Sinai service.

2.  The applicant states he served in the Sinai Peninsula in 1988 and he was awarded the Expert Field Medical Badge while there.

3.  The applicant provides:

* a locally-produced Certificate of Appreciation
* a locally-produced Certificate of Award

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 U.S. Army Reserve Delayed Entry Program (DEP) for 8 years on 28 August 1986.  On 30 November 1986, he was discharged from the DEP and enlisted in the Regular Army for 2 years on            1 December 1986.

3.  The applicant's Military Personnel Records Jacket (MPRJ) contains a DA Form 2-1 (Personnel Qualification Record – Part II).  This document records the following assignment history:

* he enlisted on 1 December 1986
* he took Basic Training at Fort Jackson, SC
* he took Advanced Individual Training at Fort Sam Houston, TX
* he was awarded military occupational specialty (MOS) 91A (Medical Specialist)
* he was assigned to Headquarters and Headquarters Company, 3rd Battalion, 47th Infantry, Fort Lewis, WA as a medic
* he was honorably separated on 15 December 1988

4.  The applicant's DA Form 2-1 also shows:

* he was awarded the Army Service Ribbon and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* his dates of rank are as follows:

* PV1 - 19861201
* PV2 - 19870601
* PV3 - 19880201

5.  The applicant's MPRJ does not contain orders showing a unit deployment to the Sinai Peninsula; however, historical documents indicate that 3rd Battalion, 47th Infantry served as the U.S. Infantry Battalion (USBATT) as part of the Multinational Force and Observers (MFO) in 1988.  There are no orders showing award of the Expert Field Medical Badge.

6.  The applicant provides two documents in support of his request.  The first is a Certificate of Appreciation, signed by the Battalion Commander, thanking the applicant for his distinguished service as a member of the USBATT, MFO, Sinai, Egypt, form April-October 1988.  The second is a Certificate of Award, dated 7 October 1988 and signed by the Battalion Commander, awarding the applicant the Expert Field Medical Badge.



7.  Army Regulation 600-8-22 (Military Awards) states award of the Expert Field Medical Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests.  The basic eligibility criteria include enlisted personnel must have an Army Medical Department (AMEDD) primary MOS on active duty or assigned to a Reserve troop program unit or an AMEDD mobilization augmentation agency

8.  The Multinational Force and Observers is an international peacekeeping force overseeing the terms of the 26 March 1979 peace treaty between Egypt and Israel signed at the Camp David Accords.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The current regulation states for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following will be entered in Item 18 (Remarks), “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD).”  At the time of the applicant's separation, the regulation did not require this entry.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show his Sinai deployment and award of the Expert Field Medical Badge.

2.  The applicant was a school-trained medic.  He was assigned to 3rd Battalion, 47th Infantry from May 1987 to December 1988.  The unit deployed to the Sinai for 6 months in 1988.

3.  The applicant's evidence in the form of the Certificate of Appreciation signed by the Battalion Commander, 3rd Battalion, 47th Infantry is accepted as proof he deployed to the Sinai from April-October 1988.  Although not required in 1988, 
current regulations call for a statement to be added to Item 18 of the DD Form 214 to the effect, “SERVICE IN SINAI, EGYPT FROM 19880401-19881031."  It would be appropriate to add this statement to the applicant's DD Form 214.

4.  The applicant provided a Certificate of Award, signed by the Battalion Commander, 3rd Battalion, 47th Infantry, awarding him the Expert Field Medical Badge.  Since the Certificate of Appreciation signed by the same commander is accepted as proof of the applicant's Sinai deployment, the Certificate of Award is accepted as proof the applicant earned the Expert Field Medical Badge.  This should be added to his DD Form 214.
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 Expert Field Medical Badge
* adding to Item 18 of his DD Form 214 “SERVICE IN SINAI, EGYPT FROM 19880401-19881031"



      _________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)                                         AR20100018301



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ABCMR Record of Proceedings (cont)                                         AR20100018301



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