IN THE CASE OF:	  

		BOARD DATE:	  6 January 2009

		DOCKET NUMBER:  AR20080010051 


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, in effect, that he be awarded the NATO (North Atlantic Treaty Organization) Medal, the US Army Commemorative Medal, the Honorable Service Commemorative Medal, and the Guard and Reserve Mobilization Medal (correctly known as the Armed Forces Reserve Medal with "M" Device). 

2.  The applicant states, in effect, that he was awarded these medals during his active duty service; however, he did not receive them.  Some medals were awarded in the Reserve.  

3.  The applicant provided a copy of a letter from the NPRC (National Personnel Records Center) and a copy of his DD Form 214 (Report of Separation from Active Duty), dated 29 August 1977, in support of his request.

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's record shows he enlisted on 21 April 1972.  He was trained as a motor transport operator, in military occupational specialist (MOS) 64C.  On 29 August 1974, he was honorably discharged for immediate reenlistment.  He had completed 2 years, 3 months, and 8 days of net service this period.  He had also completed 1 year, 10 months and 20 days of foreign service.  This DD Form 214 shows that he was awarded the National Defense Service Medal.  This 
DD Form 214 does not show any additional awards.

3.  On 30 August 1974, he reenlisted and he served until he was honorably released and transferred to the USAR (United States Army Reserve) Control Group (Standby) on 29 August 1977.  He had completed 3 years of net service this period.  He had also completed 1 year, 3 months, and 13 days of overseas service.  This DD Form 214 shows he was awarded the National Defense Service Medal, the Good Conduct Medal, the Driver/Mechanic Badge with Driver Bar (W), and the Sharpshooter Marksmanship Qualification Badge (M-16 Rifle).  His DD Form 214 does not show any additional awards.

4.  Item 27 (Remarks) of the applicant’s DD Form 214 issued on 29 August 1977 shows his last overseas service as Germany.

5.  The applicant enlisted in the USAR on 21 April 1980.  He continued to serve until he was honorably discharged on 12 December 1995.

6.  Item 5 (Oversea Service) of the applicant's Personnel Qualification Record – Part II, shows that he was deployed to Gagetown, Canada, from 15 through 
29 August 1987.  He was also served in Honduras from 23 November through  24 December 1987.   

7.  There is no evidence in the applicant’s records to show that he served under NATO command or under the operational control of NATO in direct support of NATO operations while serving in Germany, Canada or Honduras.

8.  The NATO Medal was authorized by the Secretary General of the North Atlantic Treaty Organization for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by United States service members who meet the criteria specified by the Secretary General of NATO.  Acceptance of the NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of NATO operations in the former Republic of Yugoslavia from 1 July 1992 through a date to be determined.
9.  The US Army Commemorative Medal and the Honorable Service Commemorative Medal are not governed by Army Regulation 600-8-22.  These commemorative medals are made available to individuals who are serving or who have served in the Armed Forces of the United States, and to the general public, by commercial vendors/resources.  Since these commemorative medals are not governed by the applicable regulation, and they are not to be shown on discharge documents, these commemorative medals will not be discussed further in this Record of Proceedings.

10.  Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message Number 96-196, provides for award of the Armed Forces Reserve Medal (AFRM).  The AFRM is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  The conditions for award of the AFRM require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years.  Service in a regular component of the Armed Forces, tenure in elected state office, tenure as a member of a legislative body of the United States or a state, and service as a judge of a court of record of the United States, a state or territory or District of Columbia is excluded from credit toward this award but does not constitute a break in service.  

11.  The "M" Device will be worn on the AFRM to denote service by Reserve Component personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence failed to show that the applicant served under NATO command or under the operational control of NATO in direct support of NATO operations while serving in Germany, Canada or Honduras.  Therefore, he is not entitled to award of the NATO Medal.

2.  The applicant claims, in effect, that he is authorized several awards, such as the AFRM, that he did not receive.  The applicant has provided no evidence and there is none available to show that he was called to active duty during a mobilization or a contingency designated by the Secretary of Defense.  The evidence shows that he failed to meet the criteria for award of the AFRM with "M" Device or any additional awards.  Therefore, he is not entitled to award of the AFRM with "M" Device or to any additional awards.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   __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.


















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