IN THE CASE OF:	  

		BOARD DATE:	  30 June 2009

		DOCKET NUMBER:  AR20080019608 


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 that his 2008 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the Army Achievement Medal, the North Atlantic Treaty Organization (NATO) Medal (International Security Assistance Force (ISAF)), and the Army Good Conduct Medal.

2.  The applicant states he received paperwork for the Army Achievement Medal the day he was being released from active duty.  He also notes that he served in Afghanistan for 15 months and that he completed 3 years of service "free of disciplinary action."

3.  The applicant provides a copy of his 2008 DD Form 214 and a copy of his Army Achievement Medal certificate which bears an order number and date.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant entered active duty as a Regular Army enlisted Soldier on 14 June 2005.  He was released from active duty with an honorable characterization of service on 7 November 2008 and received a reentry eligibility (RE) code of RE-1 indicating that he was fully qualified for reenlistment at the time.  The highest pay grade he attained was specialist/E-4.

2.  During his period of active duty he served more than 3 years overseas with a cavalry regiment in Germany.  According to the Army Achievement Medal certificate provided by the applicant in support of his application to the Board he was awarded an Army Achievement Medal for meritorious service during the period 17 March 2007 to 2 April 2007 while serving as a gunner "during the first mission rehearsal exercise."  The award was confirmed in Permanent Orders Number 120-06 on 30 April 2007 which were issued by Headquarters, 1st Squadron, 91st Cavalry, the applicant’s unit of assignment.  The award certificate is not reflected in his official military personnel file as recorded on the integrated Personnel Electronic Records Management System and is not reflected on his 2008 DD Form 214.

3.  While assigned to the cavalry unit in Germany, the applicant deployed to Afghanistan between 13 May 2007 and 14 July 2008 where he was awarded, among other things, the Combat Infantryman Badge.

4.  In June 2008 the applicant was awarded an Army Commendation Medal in recognition of his meritorious service during the period October 2005 to November 2008 while assigned to the 1st Squadron, 91st Cavalry.  That award certificate is contained in the applicant’s official military personnel file and recorded on his 2008 DD Form 214.

5.  The applicant’s file contains no derogatory information.

6.  The NATO Medal is awarded by the Secretary-General of NATO to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations.  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 ISAF in Afghanistan from 1 June 2003 to a date to be determined.  In June 2006 the Army’s Human Resources Command (HRC) dispatched a message which constituted approval for eligible Soldiers to accept and wear the NATO-ISAF Medal.

7.  The HRC website, which contains a "frequently asked questions" section concerning military awards for Army members, notes that to add the NATO Medal to a Soldier’s record the Solider must have been issued a certificate and refers Soldiers to the June 2006 authorizing message noted in paragraph 6 above for procedures to secure the certificate.  That message indicated Soldiers should submit a request to the USNMR (United States National Military representative) at SHAPE Belgium:  usnmr@beneluz.army.mil if their certificate was lost or if requesting a replacement certificate.  Soldiers were advised to include their social security number, name, rank, nationality, service, unit, location, periods of service, and number of days deployment, in their request.

8.  NATO assumed control of ISAF in 2003 and by October 2006 ISAF assumed responsibility for the entire country of Afghanistan when it took command of the international military forces in eastern Afghanistan from the U.S.-led coalition.  The HRC website noted above, which contains a "frequently asked questions" section concerning military awards for Army members notes that most all Soldiers now in Afghanistan "are either under the NATO commander, and if not, are in national units but in support of NATO with the exception of some Special Operations Forces unit."

9.  Army Regulation 600-8-22 (Military Awards) provides that the Army 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 Army Good Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s Army Achievement Medal certificate, which contains the approval orders and date, is sufficient to confirm he was awarded the medal and as such it would be appropriate to correct his 2008 DD Form 214 to reflect this award.

2.  While the applicant’s service in Afghanistan appears to meet eligibility requirements for award of the NATO Medal, in the absence of the required certificate there is insufficient evidence on which to base correcting his record to show the award.  The applicant is advised to submit a request for a certificate via the procedures outlined in paragraph 7 above.  Once the applicant secures the certificate he may then submit a new request to have the award added to his separation document.

3.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 13 June 2008.  There is no record of any derogatory information contained in his file and no evidence he was ever disqualified from receiving the award.  As such, it would be appropriate to award the applicant the Army Good Conduct Medal for the period 14 June 2005 to 13 June 2008 and his separation document should be corrected to reflect this award.



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 by:

   a.  awarding him the Army Good Conduct Medal for the period 14 June 2005 through 13 June 2008 and adding this award to his 2008 DD Form 214 and

	b.  adding the Army Achievement Medal to his 2008 DD Form 214.

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)                                         AR20080019608



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ABCMR Record of Proceedings (cont)                                         AR20080019608



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