IN THE CASE OF:	  

		BOARD DATE:	    27 July 2010

		DOCKET NUMBER:  AR20100000279 


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 he was awarded the Army Commendation Medal, North Atlantic Treaty Organization (NATO) Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.  He further asks correction of his records to show all of the awards he earned while in the military.

2.  The applicant states he served honorably for 4 years and completed his entire term of service.  He served in Bosnia where he was awarded the NATO Medal.  When he left the military, he was awarded the Army Commendation Medal.  During his last year of service, he shot expert.  He was proud of this accomplishment and now has no proof of it.  It has been many years since he was in the military and wants all of the awards he earned during his service.

3.  The applicant provided no additional documents in support of his 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.  On 26 October 1994, the applicant enlisted in the Regular Army for 4 years.  He was subsequently assigned to Fort Leonard Wood, MO, for training in military occupational specialty 62B (Construction Equipment Repairman).

3.  On 24 March 1995, the applicant departed Fort Leonard Wood for duty in the Republic of Korea.  He was assigned to the 61st Maintenance Company.

4.  On 27 March 1996, the applicant departed the Republic of Korea for duty at Fort Hood, TX, where he was assigned to the 74th Engineer Company.

5.  On 25 October 1998, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had attained the rank/grade of specialist (SPC)/E-4 and had completed 4 years of creditable active service.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Lapel Button, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

7.  The applicant's DA Form 2-1, reviewed on 10 April 1996, shows in:

	a.  in item 5 (Overseas Service) he completed a tour of duty in the Republic of Korea from 28 March 1995 through 27 March 1996; and

	b.  in item 9 (Awards, Decorations, and Campaigns) the same awards as shown on his DD Form 214, with the additional qualification as a marksman with the hand grenade.

8.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
9.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

10.  Army Regulation 600-8-22 states the 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 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 DD Form 214 should be corrected to show award of the Army Commendation Medal, NATO Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.  He further asks correction of his records to show all of the awards he earned while in the military.

2.  The available records do not show that the applicant served in Bosnia during a qualifying period for award of the NATO Medal.  Should he have, or be able to obtain, a copy of the certificate awarding him this medal, or other documentary evidence that substantiates direct participation in an event that qualified for this award, he may submit another application to this Board for consideration.

3.  The U.S. Army Human Resources Command website contains a "frequently asked questions" section concerning military awards.  The website notes that to add the NATO Medal to a Soldier's record the Soldier must have been issued a certificate.  Soldiers should submit a request to the U.S. National Military Representative (USNMR) at Supreme Headquarters Allied Powers Europe (SHAPE), Belgium:  usnmr@benelux.army.mil if their certificate was lost or if requesting a replacement certificate.  Soldiers are advised to include in their request their social security number, name, rank, nationality, service, unit, location, periods of service, and number of days of deployment.

4.  The evidence of record clearly shows that the applicant served during a qualifying period for award of the Korea Defense Service Medal.  Therefore, this award should be shown on his DD Form 214.

5.  The available evidence of record fails to show that the applicant qualified as an expert with his assigned rifle.  However, it does shows that he qualified as a marksman with the hand grenade.  Therefore, the Marksman Marksmanship Qualification Badge with Grenade Bar should be added to his DD Form 214.

6.  In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.

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 adding to item 13 of his DD Form 214 the Korea Defense Service Medal and the Marksman Marksmanship Qualification Badge with Grenade Bar.

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 correcting his DD Form 214 to show the Army Commendation Medal, NATO Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.



      _______ _   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)                                         AR20100000279



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)