RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 January 2006
      DOCKET NUMBER:  AR20050004782


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction to his DD Form 214
(Certificate of Release or Discharge from Active Duty) to show all awards
and decorations to which he is entitled to include the Good Conduct Medal.

2.  The applicant states, in effect, that his DD Form 214 did not properly
show all awards and decorations to which he was entitled at the time of his
release from active duty (AD).

3.  The applicant provides a copy of his DD Form 214, a copy of an award
certificate for the Army Commendation Medal (ARCOM), a copy of a
certificate for award of the North Atlantic Treaty Organization (NATO)
Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 4 March 2002, the date he was released from active duty (AD).
The application submitted in this case is dated 22 March 2005 but was
received on 1 April 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records show he enlisted in the US Army
Reserve Delayed Entry Program and entered AD on 5 March 1998, as a nuclear
medical specialist (91W).  He was promoted to sergeant (SGT/ E-5) effective
29 June 2000.  He continued to serve until he was honorably released from
AD on 4 March 2002.  He was transferred to the Army Reserve.

4.  The applicant’s DD Form 214 shows he was awarded the Army Achievement
Medal, the Army Service Ribbon, the Marksman Marksmanship Qualification
Badge with rifle and grenade bars.  His DD Form 214 does not show any
additional awards.



5.  The applicant provides a copy of an award certificate, which shows that
he was awarded the ARCOM by Permanent Orders 025-002, dated 25 January
2002, for meritorious service during the period 15 September 1998 to
4 March 2002.

6.  There is no evidence of derogatory information contained in the
available records.  The applicant's DA Form 2-1, Personnel Qualification
Record, is not available in his records

7.  The applicant provides a copy of a certificate which shows that he was
awarded the NATO Medal for service with NATO on operations in relation to
the Former Yugoslavia during the period 18 February 1999 through 26 August
1999.

8.  The applicant provides a copy of Headquarters, 10th Mountain Division
(Light Infantry) and Fort Drum Orders 039-00403, dated 8 February 1999,
which shows his unit was deployed in support of Operation Joint Guard
effective 8 February 1999.

9.  The applicant's DA Form 2-1 (Personnel Qualification Record - Part II),
section 9 (Awards, Decorations & Campaigns), which shows his awards is
unavailable for review by the Board.  There is no evidence of derogatory
information contained in the available records.

10.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency, and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  Although there is no automatic entitlement to the Good Conduct
Medal, disqualification must be justified.

11.  Army Personnel Command Message Number 96-068 with a Date/Time Group of
081020Z December 1995 authorized award of the NATO Medal for service in
support of operations in the Former Republic of Yugoslavia.

12.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent
part, that the Armed Forces Expeditionary Medal is authorized for
participants in military operations within a specific geographic area
during a specified time period.  An individual, who was not engaged in
actual combat or equally hazardous activity, must have participated in
operations or in direct support of operations for          30 consecutive
or 60 nonconsecutive days.



13.  Army Personnel Command Message with a Date/Time Group of 1614Z
November 1998 announced the extension of Section 572, National Defense
Authorization Act, FY98, November 1997, to allow award of either the AFEM
or
the Armed Forces Service Medal (AFSM) to service members participating in
Operation Joint Forge effective 21 June 1998 to a date to be determined.
Award
of the AFEM is limited to only those participants in or providing direct
support to Operation Joint Forge who are or were deployed in the countries
of Bosnia-
Herzegovina and Croatia, aboard US Naval Vessels operating in the Adriatic
Sea, and their respective air space.  Award of the Armed Forces Service
Medal is limited to only those participants in or providing direct support
to Operation Joint Forge who are or were deployed in Slovenia, Montenegro,
Macedonia, Serbia, and Hungary; and their respective air space.  Unlike the
Armed Forces Expeditionary Medal and Armed Forces Service Medal authorized
for Operation Joint Endeavor and Operation Joint Guard, no service member
will be awarded both the Armed Forces Expeditionary Medal and the Armed
Forces Service Medal for participation or direct support of Operation Joint
Forge, under any circumstance.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the ARCOM by Permanent Orders 025-002, dated
25 January 2002, for meritorious service.  Therefore, he is entitled to
correction of his records to show this award.

2.  Review of the applicant's service personnel records revealed no
evidence that would disqualify him from award of the Good Conduct Medal.
In the absence of any derogatory information disqualifying him from this
award, the applicant is entitled to award of the Good Conduct Medal for the
period 5 March 1998 to 4 March 2001 and to have this award added to his DD
Form 214.

3.  The evidence of record shows that he was awarded the NATO Medal for
service with NATO on operations in relation to the Former Yugoslavia during
the period 18 February 1999 to 26 August 1999.  Therefore, he is entitled
to correction of his records to show this award.

4.  The evidence of record shows that the applicant received the NATO Medal
for his service Bosnia-Herzegovina in support of Operation Joint Forge from
18 February to 26 August 1999.  Therefore, he is entitled to correction of
his    DD Form 214 to show award of the AFEM.




BOARD VOTE:

_RJF_____  _WDP__  __TMR_  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by awarding him the Army Commendation
Medal, the first award of the Good Conduct Medal for the period 5 March
1998 to 4 March 2001, the North Atlantic Treaty Organization Medal, and the
Armed Forces Expeditionary Medal.




                            ___William D. Powers____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004782                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20020304                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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