IN THE CASE OF:
BOARD DATE: 26 AUGUST 2009
DOCKET NUMBER: AR20090006048
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 correction to her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the North Atlantic Treaty Organization (NATO) Medal and the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states that she received the NATO Medal and AFEM for deployment in support of Operation Joint Forge at Tuzla Base and Camp McGovern, Bosnia and Herzegovina, from July 2000 to March 2001. Most notably, the omission of the AFEM has negatively impacted her ability to obtain the 5-point Veterans preference in Federal government employment.
3. In support of her application, the applicant provides copies of her reassignment/deployment and NATO and AFEM authorization orders, her DD Form 214, her United States Army Reserve (USAR) separation orders and Honorable Discharge Certificate, and a Campaigns and Expeditions Which Qualify for Veterans preference chart.
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 applicants 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 applicants 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 military record shows she enlisted in the Regular Army on 17 July 1997.
3. Orders 078-003, dated 18 March 2001, were published releasing her from Outside Continental United States (OCONUS) deployment (Operation Joint Forge) on 19 March 2001. The orders also authorized her award of the NATO Medal and the AFEM.
4. The applicant was released from active duty on 16 July 2001 at the completion of required active service and transferred to the USAR Control Group (Reinforcement).
5. The applicants DD Form 214, Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), lists the following awards: the Army Lapel Button, the Army Service Ribbon, and the Marksman Marksmanship Qualification Badge with Rifle Bar. No other awards are listed.
6. Army Regulation 600-8-22 (Military Awards) specifies that the NATO Medal was authorized by the Secretary General of NATO 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 related to operations related to the Former Republic of Yugoslavia from 14 November 1995 to a date to be determined.
7. Military Personnel Message Number 99-157 announced the extension of Section 572, National Defense Authorization Act, Fiscal Year 1998, November 1997, to allow award of either the AFEM or the Armed Forces Service Medal to service members participating in the Former Republic of YugoslaviaOperation 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was authorized award of the NATO Medal and the AFEM during the period of her active duty service. Therefore, she is entitled to correction to her DD Form 214 to show these awards.
2. In view of the foregoing, the applicants records should be corrected as recommended below.
BOARD VOTE:
___X_____ ____X____ ____X____ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to Item 13 of the applicant's DD Form 214 the NATO Medal and the AFEM and providing her a corrected DD Form 214.
_______ _ XXX_______ ___
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) AR20090006048
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