IN THE CASE OF:
BOARD DATE: 27 February 2014
DOCKET NUMBER: AR20130011316
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 his 6-month deployment in the Sinai, Egypt and his 2-month deployment in Cuba.
2. He states his DD Form 214 should show 8 months of foreign service.
3. He provides his DD Form 214, medical record documents, and an Army Achievement Medal (AAM) certificate.
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 9 May 1989. His last duty assignment was listed as C Company, 2nd Battalion, 14th Infantry Regiment, Fort Drum, NY. He was honorably released from active duty on 16 August 1992 and credited with completing 3 years, 3 months, and 8 days of active duty service.
3. His DD Form 214 shows in:
* Item 12f (Foreign Service) - 00 00 00, indicating no foreign service
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) - Multinational Force and Observers Medal in addition to his other awards
* Item 18 (Remarks) - no reference to a deployment
4. Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record - Part II) does not list any overseas service.
5. He provided a certificate, dated 7 March 1991, that shows he was awarded the AAM for exceptionally meritorious achievement during the period
4 November 1990 through 5 March 1991 while assigned to C Company, 2nd Battalion, 14th Infantry Regiment. It further stated that his outstanding efforts enabled the Task Force to successfully complete its Multinational Force and Observers peacekeeping mission in the Sinai, Egypt.
6. He also provided medical record documents that show he was seen on two separate occasions at the medical facility in Cuba: 28 January and 3 February 1992.
7. Army Regulation 600-8-22 (Military Awards) 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.
8. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-4, in pertinent part, requires the preparer to enter the total amount of foreign service completed from the DA Form 2-1 during the period covered in item 12c (Net Active Service this Period).
DISCUSSION AND CONCLUSIONS:
1. Based on the applicant's award of the Multinational Force and Observers Medal, as well as his award of the AAM, it appears that he was deployed in the Sinai, Egypt. However, the AAM certificate indicates his mission with the Task Force was from 4 November 1990 through 5 March 1991 (4 months and 2 days) and he maintains that he served for 6 months in Egypt. Therefore, without sufficient evidence to show the exact dates of his deployment in Egypt, his DD Form 214 cannot be corrected to show this deployment at this time.
2. Likewise, he maintains that he was deployed to Cuba for 2 months. He provided medical records that verify he was treated on two separate occasions. However, his exact dates of his deployment cannot be determined. Therefore, without sufficient evidence to show the exact dates of his deployment in Cuba, his DD Form 214 cannot be corrected at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ___X__ _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20130011316
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ABCMR Record of Proceedings (cont) AR20130011316
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