IN THE CASE OF:	 

		BOARD DATE:	        23 October 2008

		DOCKET NUMBER:  AR20080011217 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Bronze Star Medal, Afghanistan Campaign Medal, NATO (North Atlantic Treaty Organization) Medal, Air Assault Badge, and any other campaign or service medals to which he is entitled.  He further requests to have his correct Primary Military Occupational Specialty (PMOS) shown on his DD Form 214.

2.  The applicant states, in effect, that he earned the requested awards and decorations while serving in Bosnia and Afghanistan.  He also states that his DD Form 214 shows the incorrect PMOS.

3.  The applicant provides copies of a DA Form 638 (Recommendation for Award), DA Form 4980-5 (Bronze Star Medal Certificate), NATO Medal Certificate, DD Form 214, and four orders as additional documentary evidence in support of this application.

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 DD Form 214 shows that he was ordered to active duty in support of Operation Enduring Freedom and served during the period 3 October 2002 through 4 May 2003.  During this period of active duty, the applicant served in Afghanistan from 13 November 2002 through 1 February 2003.

3.  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Bronze Star Medal, Afghanistan Campaign Medal, NATO Medal, or Air Assault Badge.

4.  Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Kentucky Permanent Orders 176-47, dated 17 September 1985, awarded the applicant the Air Assault Badge for successful completion of the standard Air Assault Course during the period 8 August thru 21 August 1985.

5.  Block 11 (Primary Specialty) of the applicant's DD Form 214 shows the applicant possessed PMOS 71L (Administrative Specialist) at the time of his release from active duty.

6.  Headquarters, United States Army Special Operation Command, Fort Bragg, North Carolina Orders 263-2, dated 19 September 1996, awarded the applicant PMOS 38A (Civil Affairs Specialist) effective 9 September 1996.

7.  Headquarters, United States Army Special Operation Command, Fort Bragg, North Carolina Orders R205-12, dated 24 July 2001, in pertinent part, awarded the applicant PMOS 71L effective 30 June 2001 as a result of promotion to master sergeant (MSG)/E-8.  Headquarters, United States Army Special Operation Command, Fort Bragg, North Carolina Orders R268-04, dated
25 September 2002, amended Orders R205-12 to award the applicant PMOS 38A instead of 71L.

8.  DA Form 638, dated 5 January 2003, shows the applicant was awarded the Bronze Star Medal by Headquarters, Combined Joint Task Force-180 Permanent Order Number 03-056-003, dated 27 March 2003.  DA Form 4980-5, dated 25 March 2003, shows the applicant was awarded the Bronze Star Medal for exceptionally meritorious service while deployed to Afghanistan, in direct support of Operation Enduring Freedom during the period 3 October 2002 through
30 April 2003.
9.  The applicant provides a copy of a North Atlantic Treaty Organization Certificate awarding him the NATO Medal for his participation in Operation Joint Forge in relation to the Former Yugoslavia during the period 23 March 1999 through 10 October 1999.  A thorough review of the applicant's Official Military Personnel File (OMPF) on the Human Resources Command's Interactive Personnel Records Management System (iPERMS) failed to reveal any evidence that the applicant either served on active duty or deployed to the Former Yugoslavia during this period of time.

10.  The North Atlantic Treaty Organization (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.

11.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land. The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  Service members who were assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days meet the criteria for award of this medal. The following rules apply to award of the Afghanistan Campaign Medal: the Afghanistan Campaign Medal may be awarded posthumously, only one award of this medal may be authorized for any individual, and under no condition will personnel or units receive the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show award of the Bronze Star Medal, Afghanistan Campaign Medal, NATO Medal, Air Assault Badge, any other campaign or service medals to which he is entitled, and his correct PMOS were carefully considered and determined to have partial merit.

2.  Permanent Orders awarded the applicant the Air Assault Badge for successful completion of the standard Air Assault Course.  Therefore, he is entitled to have his DD Form 214 corrected to show award of the Air Assault Badge.

3.  Official Orders awarded the applicant PMOS 38A effective 9 September 1996.
Therefore, he is entitled to have his DD Form 214 corrected to show his Primary Specialty as 38A.

4.  Permanent Orders awarded the applicant the Bronze Star Medal for exceptionally meritorious service while deployed to Afghanistan, in direct support of Operation Enduring Freedom.  Therefore, he is entitled to have his DD Form 214 corrected to show award of the Bronze Star Medal.

5.  Army Regulation 600-8-22 provides that individuals who were assigned, attached, or mobilized to units operating in Afghanistan for 30 consecutive days or for 60 non-consecutive days in support of Operation Enduring Freedom are authorized to be awarded the Afghanistan Campaign Medal.  The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  Evidence shows the applicant deployed to Afghanistan in support of Operation Enduring Freedom for a period of 79 days during a qualifying period of eligibility.  Therefore, he is entitled to have his DD Form 214 corrected to show award of the Afghanistan Campaign Medal.

6.  Although the applicant provides a copy of a North Atlantic Treaty Organization Certificate awarding him the NATO Medal for his participation in Operation Joint Forge in relation to the Former Yugoslavia during the period 23 March 1999 through 10 October 1999, there is no evidence in the available records and the applicant has not provided sufficient evidence which shows that he either served on active duty or deployed to the Former Yugoslavia during this period of time.  Based on the foregoing, there is insufficient evidence to grant the applicant's request for award of the NATO Medal in this case.  In the absence of evidence to the contrary, administrative regularity is presumed in the applicant's case.  Although his request for award of the NATO Medal cannot be approved, this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  __X_____  __X_____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show award of the Bronze Star Medal, Afghanistan Campaign Medal, Air Assault Badge, and Primary Military Occupational Specialty 38A (Civil Affairs Specialist).

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 the NATO Medal.



      __________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)                                         AR20080011217



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ABCMR Record of Proceedings (cont)                                         AR20080011217



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