IN THE CASE OF:	

		BOARD DATE:	  17 December 2013

		DOCKET NUMBER:  AR20130008064 


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 award of the Armed Forces Expeditionary Medal, Multinational Force and Observers Medal, and any other medals he may be authorized.

2.  The applicant states he was released before the awards were added to his DD Form 214.

3.  The applicant provides:

* Multinational Force and Observers-Sinai Certificate
* letter of appreciation, dated 8 March 1985
* Headquarters, 82d Airborne Division, Orders 36-124, dated 26 February 1986
* Headquarters, XVIII Airborne Division, memorandum, dated 16 December 1988, subject:  Request for issuance of DD Form 215 (Correction to DD Form 214)
* U.S. Army Human Resources Command Orders D-06-520667, dated 21 June 2005
* news article

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 31 March 1983.  He completed training and he was awarded military occupational specialty 94B (Food Service Specialist).

3.  On 15 December 1988, he was honorably discharged.  He completed 5 years, 8 months, and 15 days of creditable active service.  His DD Form 214 shows in:

* item 12f (Foreign Service) – 0000  00  00, indicating no foreign service was performed during the period covered
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle (M16) and Grenade Bars
* Army Good Conduct Medal
* Army Lapel Button
* Army Commendation Medal (1st Oak Leaf Cluster)
* Army Achievement Medal (3rd Oak Leaf Cluster)

4.  In support of his request, the applicant provides a copy of Headquarters, 82d Airborne Division, Orders 36-124, dated 26 February 1986.  These orders attached the applicant to Company C, 82d Combat Aviation Battalion, Fort Bragg, NC, with further attachment to Headquarters and Headquarters Company, 2nd Battalion, 504th Infantry, Fort Bragg, NC, for deployment with the Multinational Force and Observers.

5.  In addition, he provided a copy of a Multinational Force and Observers-Sinai Certificate for his service with the 1st Battalion, 508th Task Force, during the period 15 January to 10 July 1985 (5 months and 26 days or 176 days).

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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 for at least 90 cumulative days 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.

	b.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days, provided this support involved entering the area of operations.

7.  Army Regulation 600-8-22 lists the designated U.S. military operations, areas, and dates of the respective military operations, as well as designated U.S. assistance operations for a friendly foreign nation.  The Sinai is not listed as a designated area of operation.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states to enter the total amount of foreign service completed during the period covered by the DD Form 214 in item 12f.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is eligible for award of the Armed Forces Expeditionary Medal and Multinational Forces and Observers Medal.

2.  The available evidence shows he served a qualifying period of service for award of the Multinational Force and Observers Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Army Regulation 600-8-22 lists the designated operations, areas, and dates of the respective operations which qualify for award of the Armed Forces Expeditionary Medal.  Service in the Sinai with the Multinational Forces and Observers is not listed as a designated operation eligible for award of the Armed Forces Expeditionary Medal.

4.  The applicant's records show he was deployed from 15 January to 10 July 1985 (5 months and 26 days) as part of the Multinational Forces and Observers-Sinai.  Therefore, this period of foreign service should be shown in item 12f of his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  adding the Multinational Force and Observers Medal to item 13 of his DD Form 214 and

	b.  deleting the current entry from item 12f and replacing it with the entry "00  05  26."

2.  The Board further determined 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 award of the Armed Forces Expeditionary Medal.



      _______ _   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)                                         AR20130008064



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ABCMR Record of Proceedings (cont)                                         AR20130008064



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