BOARD DATE: 9 July 2015
DOCKET NUMBER: AR20140020645
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 deployment with the Multinational Force and Observers (MFO) peacekeeping mission to the Sinai, Egypt.
2. The applicant states this deployment was not added to his DD Form 214 when he was released from active duty (REFRAD). He was separated during the holiday period and he was told he could ask for a correction at a later date.
3. The applicant provides copies of his
* deployment orders
* DD Form 214
* letter to the Internal Revenue Service (IRS)
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 29 May 1998 for a period of 3 years. He held military occupational specialty 11B (Infantryman).
3. He provides copies of:
a. Orders 345-00491, Headquarters, 10th Mountain Division, Fort Drum, New York, dated 11 December 1998, shows temporary change of station orders for Headquarters and Headquarters Company, 1st Battalion, 32nd Infantry. The unit was assigned to the Multinational Force and Observers-Task Force effective 7 January 1999 for 179 days. The applicant's name is included in the unit personnel annex.
b. In his letter to the IRS he explained that he served in Sinai, Egypt, from January 1999 to July 1999 and that he was eligible for the "Combat Zone Tax Exclusion" for that period.
4. He was REFRAD on 22 December 2000 as a private/E-2. He had completed 2 years, 6 months, and 24 days of active duty service. His DD Form 214 shows he was awarded the Army Service Ribbon; item 12f (Foreign Service) is void; and item 18 (Remarks) does not show his dates or location of his deployment.
5. The Defense Finance and Accounting Service (DFAS) verified that the applicant's Master Military Pay Account (MMPA) shows he received hostile fire/imminent danger pay (HF/IDP) for Egypt from 23 January 1999 through 22 July 1999 (6 months).
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. Effective 15 March 1985, personnel must serve 6 months with the Multinational Force and Observers to qualify for the award.
7. Army Regulation 635-5 (Separation Documents), the regulation in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. This regulation states to enter the total amount of foreign service completed during the period of service in item 12c. Item 18 is used to document a Soldier's participation in foreign deployments in support of named operations. Its instructions provide that for active duty Soldiers, deployed with their unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant's request has merit. His MMPA shows he received HF/IDP for Egypt from 23 January 1999 through 22 July 1999, a period of 6 months. As such, it would be appropriate to show he served overseas during this period and correct item 12f of his DD Form 214 to show a total of 6 months. Based on his deployment, item 18 should be corrected to also show his foreign service dates and location.
2. He completed a qualifying period of service for the Multinational Force and Observers Medal and is entitled to correction of his DD Form 214 to show this award.
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 his DD Form 214 the Multinational Force and Observers Medal;
b. amending item 12f of his DD Form 214 to show "0000 06 00;" and
c. adding to item 18 of his DD Form 214 the entry "SERVICE IN SINAI EGYPT FROM 19990123-19990722."
_________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) AR20140004726
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140020645
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120001685
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. 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. The applicant may be eligible for award of the award of the Multinational Force and Observers Medal based on...
ARMY | BCMR | CY2009 | 20090015455
Additionally, he requests the Army Achievement Medal (AAM) and the Multinational Forces Observer (MFO) Medal be added to his DD Form 214. The applicant states that he received the AAM and the Multinational Forces Observer Medal while on active duty. The available records do not show he was awarded the AAM and the MFO Medal.
ARMY | BCMR | CY2015 | 20150003367
While the dates do not match up exactly with the dates for the Army Achievement Medal, they both show the starting month/year as November 1990 and the ending month/year as March 1991. Regarding his deployment to Cuba, the preponderance of the evidence also appears to support the applicant's request: (1) Standard Form 600 (Chronological Record of Medical Care), with an entry dated 28 January 1992 which appears to show GITMO - Cuba below the date. Adding to item 18 of his DD Form 214 the...
ARMY | BCMR | CY2013 | 20130011316
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. He states his DD Form 214 should show 8 months of foreign service. 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...
ARMY | BCMR | CY2008 | 20080014442
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Sinai, Egypt and two awards of the Army Achievement Medal. 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. The evidence of record shows...
ARMY | BCMR | CY2012 | 20120010454
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. He had served 6 years, 9 months, and 6 days of net active service this period. 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...
ARMY | BCMR | CY2015 | 20150001574
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Army Commendation Medal (ARCOM), and to show his foreign service in support of Operations Desert Shield/Desert Storm. The applicant's request for correction of his DD Form 214 to show he was awarded the ARCOM, and to show his foreign service in support of Operations Desert Shield/Desert Storm, was carefully considered. His DD Form 214 shows he was...
ARMY | BCMR | CY2010 | 20100023528
Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. Her DD Form 214 should be corrected to show this medal. ___________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of...
ARMY | BCMR | CY2014 | 20140004726
The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her deployment to the Multinational Force and Observers (MFO) peacekeeping mission in Sinai-Egypt during the period August 1983 February 1984 and the award she received for that deployment. Therefore, as a matter of equity the applicants deployment in support of the MFO in Sinai Egypt during the period August 1983 February 1984 should be added to her DD Form 214. ...
ARMY | BCMR | CY2008 | 20080007672
The applicant states that he served as a battalion commander in a designated imminent danger pay area in Sinai, Egypt, from 12 July 1998 to 25 January 1999, and that he was awarded the Legion of Merit after his DD Form 214 was prepared. The evidence of records shows the applicant served in Sinai, Egypt, a designated imminent danger pay area, from 12 July 1998 to 25 January 1999, which is not shown in Item 18 of his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to...