BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160014140 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ____x____ _____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160014140 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 amending item 16 of his DD Form 214 to show an "X" in Yes block. 2. The Board further determined that 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 any relief in excess of that described above. ______________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. BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160014140 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: a. award of the Multinational Force and Observers (MFO) Medal and b. an "X" in the Yes block in item 16 (High School Graduate or Equivalent). 2. The applicant states he served in the Sinai Peninsula from August 1982 to February 1983. He received his General Educational Development on 15 June 1983 while serving on active duty. 3. The applicant provides: * DD Form 214 * High School Equivalency 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. Army Regulation 600-8-22 (Military Awards) states the MFO Medal was established by the Director General, MFO, on 24 March 1982. Presidential acceptance for the U.S. Armed Forces and Department of Defense civilian personnel was announced by Department of Defense on 28 July 1982. To qualify for the award personnel must have served with the MFO at least 90 cumulative days after 3 August 1981. Effective 15 March 1985, personnel must serve 6 months (170 days minimum) with the MFO to qualify for the award. Periods of service on behalf of the MFO outside of Sinai and periods of leave while a service member is serving with the MFO may be counted toward eligibility for the MFO medal. Qualifying time may be lost for disciplinary reasons. This award is not authorized for service in Lebanon. Awards are made by the Director General, MFO, or in their name by officials to whom they delegate awarding authority. Presentations are usually made by personnel designated by the Director General, MFO. a. When presentation is not accomplished, any person with MFO service who believes he or she is eligible for the award may submit a request for the award to Commander, U.S. Army Human Resources Command (HRC), Awards and Decorations Branch (AHRC–PDP–A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122–5408. This request must include complete details related to MFO duty, including geographical location and inclusive dates of service, and copies of all substantiating documents. Commander, HRC will then forward each request through the Office of Internal Administration, Office of the Assistant Secretary of State for International Organization Affairs, to the MFO for consideration. b. Paragraph 2-5 of Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, states the Board will not consider any application if it determines the applicant has not exhausted all administrative remedies available. There is no evidence that HRC, denied his request for this medal. Therefore, this record of proceeding will not address the MFO Medal further. 3. The applicant enlisted in the Regular Army on 16 February 1982 for a period of 3 years. 4. He provided a High School Equivalency Certificate, dated 15 June 1983, showing he completed the requirements in accordance with the standards approved by the State Board of Education at Fort Campbell, KY. 5. On 1 February 1984, he was honorably released from active duty. 6. Item 16 of his DD Form 214 shows an "XX" in the No block. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. The instructions for item 16 (High School Graduate or Equivalent) stated "self-explanatory." DISCUSSION: 1. The applicant earned his High School Equivalency Certificate on 15 June 1983 at Fort Campbell and he was released from active duty on 1 February 1984. 2. Item 16 of his DD Form 214 shows he was not a high school graduate or its equivalent. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014140 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014140 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2