IN THE CASE OF:
BOARD DATE: 18 December 2012
DOCKET NUMBER: AR20120010454
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he served 6 months of foreign service as a member of the Multinational Force Observers (MFO) in the Sinai, Egypt.
2. The applicant states he served in the Sinai from January to July 1997 for a period of 6 months and his DD Form 214 does not reflect his foreign service. He also states he needs his foreign service added to his DD Form 214 so he can join a service organization.
3. The applicant provides copies of his DD Form 214, passport, identification card, and a Certificate of Achievement for meritorious service during MFO Rotation 32 in the Sinai, Egypt.
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 13 May 1992 for a period of
4 years and 17 weeks, under the ranger unassigned enlistment option. He completed his one-station unit training and airborne training at Fort Benning, Georgia and he was transferred to Fort Drum, New York.
3. Information received from the Defense Finance and Accounting Service indicates the applicant received hostile fire/imminent danger pay and combat zone tax exclusion from 13 January through 13 July 1997 (6 months and 1 day) for Egypt.
4. On 18 February 1999, he was honorably released from active duty (REFRAD) due to completion of required service. He had served 6 years, 9 months, and
6 days of net active service this period. His DD Form 214 issued at the time of his REFRAD, block 12f (Foreign Service), lists no service. Block 18 (Remarks) shows no deployments.
5. 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 that for:
a. block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.
b. block 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)."
DISCUSSION AND CONCLUSIONS:
1. The applicant served 6 months and 1 day in the Sinai, Egypt from 13 January through 13 July 1997 and he is entitled to have that service reflected on his DD Form 214.
2. Accordingly, his DD Form 214 should be corrected to show he served 6 months and 1 day of foreign service in the Sinai, Egypt from 13 January through 13 July 1997.
BOARD VOTE:
____x___ ___x____ ____x___ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Deleting the entry 0000 00 00 from block 12f of his DD Form 214
* Adding the entry 0000 06 01 in block 12f of his DD Form 214
* Adding the entry Service in the Sinai, Egypt 19970113 19970713 to block 18 of his DD Form 214
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ __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) AR20120010454
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ABCMR Record of Proceedings (cont) AR20120010454
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