IN THE CASE OF:	  

		BOARD DATE:	  15 October 2015

		DOCKET NUMBER:  AR20150003367 


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 reconsideration of his earlier request to correct his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment in the Sinai, Egypt and in Cuba.

2.  The applicant states, in effect, he received hazardous duty pay for both of his deployments to the Sinai and to Cuba.  He provides his military Leave and Earnings Statements (LES) as proof.

3.  The applicant provides:

* two DA Forms 3686-1 (Joint Uniform Military Pay System (JUMPS) - Army) for December 1990 and March 1991 (provided by the Defense Finance and Accounting Service (DFAS))
* JUMPS LES Online Inquiry (apparently provided by DFAS)

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130011316 on 27 February 2014.

2.  Through his Congressional Representative, the applicant presents new evidence consisting of JUMPS LES' and a JUMPS LES Online Inquiry, which warrants consideration by the Board.
3.  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.

4.  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 (emphasis added) in addition to his other awards
* Item 18 (Remarks) - no reference to a deployment

5.  Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record - Part II) does not list any overseas service.

6.  Available in his service record is a certificate, titled Multinational Force and Observers - Sinai, wherein it is certified the applicant was part of a Task Force which served with the Multinational Force and Observers from 2 November 1990 to 4 March 1991.

7.  Included as evidence in his initial request (Docket Number AR20130011316) were the following documents:

	a.  A certificate, dated 7 March 1991, showing he was awarded the Army Achievement Medal for the period 4 November 1990 through 5 March 1991 while serving as part of a Task Force in support of the MFO - Sinai, Sinai, Egypt.  The citation reads, in pertinent part:

For exceptionally meritorious achievement during the period 4 November 1990 through 5 March 1991 while assigned to Charlie Company, 
2nd Battalion, 14th Infantry Regiment.  His outstanding efforts enabled the Task Force to successfully complete its Multinational Force and Observers Peacekeeping mission in the Sinai, Egypt.

	b.  Standard Form 600 (Chronological Record of Medical Care), with an entry dated 28 January 1992 which appears to show GITMO (Guantanamo Bay) - Cuba below the date.


8.  The applicant provides:

a. Two DA Forms 3686-1 (JUMPS - Army) for December 1990 and March 
1991.

		(1)  At the top of the December 1990 LES is a handwritten note "Desert Shield/Desert Storm - 12/1/90 - 3/31/91."  

		(2)  In the remarks section of the LES for the month of December 1990, there is an entry which appears to show the authorization of overseas pay starting on 21 November 1990.  

		(3)  In the remarks section of the LES for the month of March 1991, there is an entry which appears to show overseas pay was stopped effective 5 March 1991.  

		(4)  Neither LES specifically shows the applicant was serving in the Sinai.

	b.  JUMPS LES Online Inquiry, showing the applicant's name and social security number.  It appears to show the start of foreign duty and when foreign duty was stopped.  

		(1)  There is a handwritten note which states "Tour of Cuba."

		(2)  The apparent date for the start of foreign duty pay is 28 December 1991.

		(3)  The apparent stop-date for foreign duty pay is shown as 24 March 1992.

		(4)  There are no entries which explicitly state this foreign duty took place in Cuba.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  

	a.  The regulation states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  

	b.  Table 2-1 (Preparation Instructions), states, in pertinent part, the preparer is to enter the total amount of foreign service completed during the period covered by that DD Form 214.  

	c.  There is no requirement to show periods and locations of deployment in item 18.  (This became a requirement in later versions of the regulation). 

10.  Army Regulation 635-8 (Separation Processing and Documents), currently in effect, requires dates of service while being deployed to be added in the remarks section of the DD Form 214.  The entry should show, "Service in (name of country deployed) from (inclusive dates) shown as YYYYMMDD - YYYYMMDD." 

11.  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.  Personnel must have served with the Multinational Force and Observers to qualify for the award.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests reconsideration of his earlier request to amend his
DD Form 214 to show his deployments to the Sinai, Egypt and Cuba.  

	a.  As to his deployment to the Sinai, Egypt, the available evidence appears to support granting the applicant's request:

		(1)  An award certificate showing recognition for service in support of the Multinational Force and Observers peacekeeping mission in the Sinai, Egypt.  The period covered was 4 November 1990 to 5 March 1991 (emphasis added).  While this certificate does not specifically show he was deployed to the Sinai, he clearly provided support to the Task Force.

		(2)  A certificate, titled Multinational Force and Observers - Sinai, wherein it is certified the applicant was part of a Task Force which served with the Multinational Force and Observers from 2 November 1990 to 4 March 1991 (emphasis added).  This document indicates actual participation as part of the Task Force.  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.

		(3)  The applicant's records show he received the Multinational Force and Observers Medal.  He would have to have served with the Multinational Force and Observers in order to receive this award.

		(4)  A JUMPS LES for the month of December 1990 which contains an entry which appears to show the authorization of overseas pay starting on 21 November 1990 (emphasis added).  As with the certificates noted above, while the day does not match, the month and year are in agreement.

		(5)  A JUMPS LES for the month of March 1991 which contains an entry which appears to show the authorization for overseas pay was stopped on 5 March 1991 (emphasis added).  Again, the month and year are in agreement with the certificates shown above.

		(6)  When all of the above is taken into account, the preponderance of the evidence supports the applicant deployed to the Sinai in November 1990 and redeployed in March 1991.  For the determination of the exact start and end dates, when available, dates from DFAS are viewed as being the most reliable.  As such, it would be appropriate to show he was deployed to the Sinai, Egypt from 21 November 1990 to 5 March 1991 (or 3 months and 13 days).

	b.  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.  Although this one document does not show how long he was in Cuba, he clearly was there on the date shown.

		(2)  JUMPS LES Online Inquiry, which appears to show a foreign duty pay start-date of 28 December 1991, and an end-date of 24 March 1992.  The inquiry does not specifically state the applicant is being paid for duty in Cuba, but the fact he received medical care in Cuba during this period, strongly suggests he was being paid for a deployment to Cuba.

		(3)  Given the above two documents, there appears to be sufficient evidence to support that the applicant was deployed to Cuba.  As with his deployment to the Sinai, it would be appropriate to use the dates provided by DFAS (28 December 1991 to 24 March 1992, a period of 2 months and 26 days).

2.  Based on the foregoing, there appears to be sufficient evidence to support amending item 12f of his DD Form 214, for the period ending 16 August 1992, to show his foreign service as 6 months and 9 days.  Additionally, although not required when the applicant was discharged, he meets the criteria to have item 18 corrected to show the locations and dates of his deployments to the Sinai and to Cuba as a matter of equity.

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 amendment of the ABCMR’s decision in Docket Number AR20130011316 on 27 February 2014.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  Deleting the entry in item 12f of his DD Form 214 for the period ending 16 August 1992 which shows "00-00-00," and replacing it with the entry 
"00-06-09."

	b.  Adding to item 18 of his DD Form 214 the following entries:

* "Service in Sinai, Egypt from 19901121-19910305"
* "Service in Cuba from 19911228-19920324"




      _______ _   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)                                         AR20150003367



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150003367



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1