RECORD OF PROCEEDINGS


	IN THE CASE OF:	    


	BOARD DATE:	  26 July 2007
	DOCKET NUMBER:  AR20070002267 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Jerome L. Pionk

Member

Mr. John G. Heck

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 of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Armed Forces Expeditionary Medal (AFEM), North Atlantic Treaty Organization (NATO) Medal, and the Korea Defense Service Medal (KDSM).

2.  The applicant states, in effect, that his awards were never added to his 
DD Form 214.

3.  The applicant provides copies of his DD Form 214; travel voucher; deployment orders; letter of lateness; leave and earnings statements; newspaper articles; and data sheets for the AFEM, NATO Medal, and the KDSM.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 25 August 1996, the date of his release from active duty.  The application submitted in this case was received on 12 February 2007.

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.  On 26 August 1992, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 12C1O (Bridge Crewmember).

4.  On 30 December 1992, the applicant was assigned for duty as a bridge crewman with the 50th Engineer Company, 2nd Infantry Division, in the Republic of Korea.  He served with this unit until his return to the United States on 
23 December 1993.

5.  Orders 12-007, 20th Engineer Brigade, Fort Bragg, North Carolina, dated 
7 December 1995, directed deployment of the applicant on or about 8 December 1995, in support of the NATO led Multinational Peace Implementation Force in the Balkans. 
6.  On 14 June 1996, the applicant’s First Sergeant stated in a Letter of Lateness, that the applicant was deployed to Bosnia and had returned to the United States on 14 June 1996.

7.  On 25 August 1996, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist, pay grade E4 and had completed 4 years of creditable active duty.

8.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, lists his awards as the National Defense Service Medal, Army Achievement Medal, Army Good Conduct Medal, Armed Forces Expeditionary Medal, Humanitarian Service Medal, Army Service Ribbon, Overseas Service Ribbon, Parachutist Badge, Air Assault Badge, Marksman Marksmanship Qualification Badge with Rifle Bar, Army Lapel Button, and the Malaysian Parachutist Badge.  It does not show the NATO Medal or the KDSM.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the North Atlantic Treaty Organization (NATO) Medal.  The NATO Medal is awarded by the Secretary-General of the North Atlantic Treaty Organization (NATO) to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations. The following missions/operations have been approved by the Secretary of Defense, for acceptance and wear: (1) Operations related to the former Republic of Yugoslavia (14 November 1995 to a date to be determined). (2) Operations related to Kosovo (13 October 1998 to a date to be determined). (3) Operation EAGLE ASSIST (12 October 2001 to 16 May 2002). (4) Operation ACTIVE ENDEAVOR (26 October 2001 to a date to be determined). (5) International Security Assistance Force in Afghanistan (1 June 2003 to a date to be determined). (6) Operations in the Balkans (1 January 2003 to a date to be determined).

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korea Defense Service Medal.  This message specified criteria for the award of the Korea Defense Service Medal as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of South Korea, and the contiguous water out to 12 nautical miles, and 
all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly and convincingly shows that the applicant served a qualifying period in the Balkans for award of the North Atlantic Treaty Organization Medal.  Therefore, his records should be corrected to show this award.

2.  The available evidence clearly and convincingly shows that the applicant served a qualifying period in the Republic of Korea for award of the Korea Defense Service Medal.  Therefore, his records should be corrected to show this award.

3.   The applicant’s records show that he was awarded the Armed Forces Expeditionary Medal.  However, there is no available evidence to show that he is entitled to an additional award.  Therefore, his request for this award should not be granted.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 25 August 1996; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
24 August 1999.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JGH __  __LDS __  __JLP __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the North Atlantic Treaty Organization Medal and the Korea Defense Service Medal.

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 award of a second Armed Forces Expeditionary Medal.  




__ Linda D. Simmons ___
          CHAIRPERSON




INDEX

CASE ID
AR20070002267
SUFFIX

RECON
 
DATE BOARDED
20070726 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.