IN THE CASE OF:	  

		BOARD DATE:	  19 July 2012

		DOCKET NUMBER:  AR20120001685 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his deployment to Egypt from
16 January to 18 July 1997.  He also requests any awards he may be entitled to based on this service.

2.  The applicant states he deployed to Egypt as part of the Multinational Force and Observers Rotation from 16 January 1997 to 18 July 1997; however, his
DD Form 214 does not reflect that deployment.  He further states he is trying to recover medals for his service in Egypt.

3.  The applicant provides a copy of a Task Force 2-87, Multinational Force and Observers Rotation 32 Certificate of Achievement, dated 4 July 1997.

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 on 28 July 1994 for a period of 4 years and training as an infantryman.  He completed his one-station unit training at Fort Benning, GA and was assigned to Fort Drum, NY for his first and only duty assignment.  He was advanced to the rank/grade of specialist (SPC)/
E-4 on 1 October 1995.

3.  Records show he deployed to Sinai, Egypt as part of the Multinational Peace Keeping Force and was returned to Fort Drum where he remained until he was honorably discharged on 7 October 1998 due to disability with severance pay.  He completed 4 years, 2 months, and 10 days of creditable active service.

4.  His DD Form 214 issued at the time of his discharge shows in item 12f (Foreign Service) the entry "0000  00  00" indicating no foreign service during his period of service.  Item 18 (Remarks) does not reflect any deployment.

5.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 13 January through 13 July 1997 (6 months and 1 day) for Egypt.

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  item 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat 
and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  Review of this regulation indicates there are no awards or decorations associated with the applicant's period of service in Egypt.

8.  Army Regulation 600-8-22 states the Multinational Force and Observers Medal was accepted by the President for the U.S. Armed Forces 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 6 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 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.  Qualifying time for award of the Multinational Force and Observers Medal may be lost for disciplinary reasons.  Individuals may apply to the Commander, US Army Human Resources Command, Attn: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, Kentucky 40122 for retroactive award of the Multinational Force and Observers Medal.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant served in Egypt for a period of 6 months and
1 day during the period 13 January to 13 July 1997.  Therefore, his DD Form 214 should be corrected to reflect this information.

2.  The applicant may be eligible for award of the award of the Multinational Force and Observer’s Medal based on his service in Egypt.  However, he must exhaust his administrative remedies by applying to HRC for that award.  Accordingly, no further mention will be made of this award in these proceedings.

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:

	a.  deleting from item 12f of his DD Form 214 the current entry and replacing it with the entry "0000  06  01"; and

	b.  adding to item 18 of his DD Form 214 the entry "Service in Egypt from 19970113 – 19970713."




      ____________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)                                         AR20120001685



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ABCMR Record of Proceedings (cont)                                         AR20120001685



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