IN THE CASE OF:	  

		BOARD DATE:	  11 May 2010

		DOCKET NUMBER:  AR20090018779 


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 Officer Record Brief (ORB) and DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the NATO [North Atlantic Treaty Organization] Medal.

2.  The applicant states he made several attempts to update his ORB with this award but was unable to do so.

3.  The applicant provides a copy of a memorandum, subject: Award of the NATO Medal, dated 15 March 2007, with accompanying certificate; and a copy of his DD Form 214 for the period ending 2 June 2008.

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of his ORB to show the NATO Medal.  The ORB is produced from data stored on the Officer Master File (OMF) at the Army Human Resources Command and is a dynamic file which is updated frequently with new information.  Consequently, each ORB is a snapshot of the OMF as it was at the time the ORB was produced.  Since the applicant is discharged and since his ORB is no longer active or accessible, no action can be taken to correct the ORB.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

2.  The applicant's records show he was appointed as a second lieutenant in the U.S. Army Reserve (USAR) and he executed a DA Form 71 (Oath of Office - Military Personnel) on 9 September 2005.  He subsequently entered active duty on 28 September 2005 and completed the Signal Officer Basic Course.

3.  His records also show he served in Afghanistan from 30 March 2006 to
26 March 2007 (with a break in deployment from 17 through 25 December 2006).

4.  On 2 June 2008, he was discharged in the rank of first lieutenant under the provisions of Army Regulation 600-8-24 (Officer Transfers and Discharges), paragraph 4-2b, by reason of unacceptable conduct, with a general under honorable conditions discharge.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Commendation Medal, National Defense Service Medal, Afghanistan Campaign Medal, Global War on Terrorism Service Medal, and the Army Service Ribbon.  Item 13 does not show the NATO Medal.

6.  He submitted a copy of a certificate that shows he was awarded the NATO Medal for service with NATO in relation to ISAF (International Security Assistance Force) Operation during the period 1 January 2006 to 31 December 2007.

7.  Section VIII (Awards and Decorations) of his ORB, dated 1 May 2008, does not show the NATO Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the NATO Medal.  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.  Various missions/operations have been approved by the Secretary of Defense, for acceptance and wear of the NATO Medal including International Security Assistance Force in Afghanistan from 1 June 2003 to a date to be determined.  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 the specific NATO operation.

9.  A review of his records indicates his entitlement to an additional award which is not shown on his records.

10.  Army Regulation 600-8-22 states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom.  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 Operation Enduring Freedom.  A bronze service star is authorized for the following campaigns:

* Liberation of Afghanistan (11 September 2001 - 30 November 2001)
* Consolidation I (1 December 2001 - 30 September 2006)
* Consolidation II (1 October 2006 - date to be determined).

11.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

12.  A Frequently Asked Questions Document from the U. S. Army Human Resources Command, Military Awards Branch, Alexandria, VA, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq or Afghanistan in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30 (Overseas Service), Tables 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the NATO Medal for service with NATO in Afghanistan which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of record shows he served in Afghanistan from 30 March 2006 to 26 March 2007 (with a break in deployment from 17 through 25 December 2006) and he was awarded the Afghanistan Campaign Medal.  Furthermore, he participated in two campaigns during his service in Afghanistan. Therefore, he is entitled to award of two bronze service stars for wear on his already-awarded Afghanistan Campaign Medal.

3.  The evidence shows he completed a cumulative period of 11 months and
17 days in Afghanistan from 30 March 2006 through 16 December 2006 and from 26 December 2006 to 26 March 2007.  This period of foreign service is sufficient to award him the Overseas Service Ribbon.  Therefore, he is entitled to correction of his records to show this award.

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:

   a.  deleting from item 13 of his DD Form 214 the Afghanistan Campaign Medal; and
   
   b.  adding to item 13 of his DD Form 214 the NATO Medal, Afghanistan Campaign Medal with two bronze service stars, and the Overseas Service Ribbon.



      ___________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)                                         AR20090018779



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ABCMR Record of Proceedings (cont)                                         AR20090018779



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