IN THE CASE OF:
BOARD DATE: 16 March 2010
DOCKET NUMBER: AR20090013392
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 of his military records to show award of the Army Achievement Medal, the Armed Forces Expeditionary Medal, and the North Atlantic Treaty Organization (NATO) Medal.
2. The applicant states the error is the result of government error.
3. The applicant provides no additional documentation in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 5 February 1998. He was subsequently awarded military occupational specialty 21B (Combat Engineer).
2. The available evidence of record shows the applicant was assigned to the 20th Engineer Battalion located at Fort Hood, Texas. His duty status for the following periods was:
a. 10 June 2000 to 6 December 2001 - absent without leave (AWOL),
b. 29 December 2001 to 27 January 2002 - AWOL,
c. 1 March 2002 to 6 March 2002 - AWOL,
d. 19 March 2002 to 2 March 2005 - AWOL,
e. 3 March 2005 to 11 June 2005 - confinement, and
f. 12 June 2005 to 6 June 2007 - excess leave.
3. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that:
a. he had no foreign service;
b. he had 725 days of excess leave and was discharged on 6 June 2007 with a bad conduct characterization of service; and
c. his awards were the National Defense Service Medal, Global War on Terrorism Service Medal, and the Army Service Ribbon.
4. Army Regulation 600-8-22 (Military Awards) provides that:
a. the Army Achievement Medal is awarded to any member of the Armed Forces of the United States who while serving in a noncombat area on or after 1 August 1981 distinguished himself or herself by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
b. the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance to friendly foreign nations. Qualifications for this award include the requirement to be a bona fide member in a unit engaged in the operation or to serve in the area of operations for 30 days, or to be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involves entering the area of operations.
5. 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 U.S. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show award of the Army Achievement Medal, the Armed Forces Expeditionary Medal, and the NATO Medal.
2. The available records do not contain any documentation showing the applicant was awarded the Army Achievement Medal or that he had served in a qualifying location for award of either the Armed Forces Expeditionary Medal or the NATO Medal. Furthermore, the applicant has not provided any documentary evidence or argument to substantiate his claim to these awards.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
4. In view of the foregoing, the Board should deny the applicant's request.
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.
ABCMR Record of Proceedings (cont) AR20090013392
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ABCMR Record of Proceedings (cont) AR20090013392
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