IN THE CASE OF:
BOARD DATE: 6 March 2015
DOCKET NUMBER: AR20140012337
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 service in the Sinai.
2. The applicant states:
* he was deployed in 1982 with sections of the 82nd Airborne Division to the Sinai desert and attached to the Multinational Force and Observers
* he was present on 25 April 1982 when Sinai was handed over to the Egyptians in zone C for 6 months as his records indicates
3. The applicant provides:
* DD Form 214
* two letters from a U.S. Senator
* letter to a U.S. Senator
* Memorandum for Record, subject: Awards and Decorations for [Applicant], dated 24 March 2014
* orders
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 19 March 1980. He completed training and he was awarded military occupational specialty 68D (Aircraft Powertrain Repairer).
3. His DA Form 2-1 (Personnel Qualification Record Part - II) shows in item 5 (Oversea Service) that from 16 March through 17 August 1982 he was assigned in the Sinai.
4. Orders 94-12, issued by Headquarters, 82d Airborne Division, Fort Bragg, NC, dated 14 May 1982 shows he was attached to the 1st Battalion, 505th Infantry, Fort Bragg, NC for deployment to the Sinai for the period 18 March to 23 September 1982.
5. On 18 March 1983, he was honorably released from active duty. The DD Form 214 he was issued shows in:
* Item 12f (Foreign Service) the entry "0000 00 00" indicating no foreign service was performed during this period of service
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:
* Army Service Ribbon
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
* Army Achievement Medal
* Army Good Conduct Medal
6. 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.
7. Army Regulation 635-5 (Separation Documents) at the time 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. It states for item 12f enter the total amount of foreign service completed during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows he served a qualifying period of service for award of the Multinational Force and Observers Medal.
2. His DD Form 214 should be corrected to show the above award.
3. Records show he was he was deployed from 16 March to 17 August 1982
(5 months and 2 days) as part of the Multinational Force and Observers in the Sinai Peninsula. Therefore, this period of foreign service should be shown in item 12f of 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:
a. adding to item 13 of his DD Form 214 the Multinational Force and Observers Medal; and
b. deleting the entry in item 12f and adding "5 months and 2 days."
_______ _ _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) AR20140012337
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ABCMR Record of Proceedings (cont) AR20140012337
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