BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100010938 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart, Combat Action Badge, and the North Atlantic Treaty Organization (NATO) Medal.

2.  The applicant states these awards were not listed on his DD Form 214.

3.  The applicant provides, in support of his application, copies of his DD Form 214, certificate for award of the Purple Heart, and orders for award of the Combat Action Badge.

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.  Evidence of record and background information:

	a.  The applicant enlisted in the Regular Army on 8 August 2001.  He completed his initial training and was awarded military occupational specialty 13F (Fire Support Specialist).

	b.  Section I (Assignment Information) of the applicant's Enlisted Record Brief (ERB) dated 8 March 2006 shows he was assigned in Italy for a period of 
24 months commencing on 29 August 2002.

	c.  Section VIII (Awards and Decorations) of the applicant's ERB does not show award of the Purple Heart, NATO Medal, or the Combat Action Badge.

	d.  Section IX (Assignment Information) of the applicant's ERB shows he was assigned to 3rd Squadron, 19th Field Artillery Regiment, located at Camp Ederle, Italy on 1 January 2005.

	e.  Permanent Orders 27-033, Headquarters, Combined/Joint Task Force 76, dated 27 January 2006, awarded the applicant the Combat Action Badge for engaging the enemy on 25 June 2005 in Afghanistan.

	f.  The applicant's DD Form 214, issued for the active duty period from 
8 August 2001 to 19 April 2006, shows that he had attained the rank of specialist, pay grade E-4 and had served overseas for a total of 3 years, 7 months, and 
21 days.

	g.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Army Commendation Medal (four awards and "V" Device), Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Afghanistan Campaign Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and the Overseas Service Ribbon.

3.  The applicant's evidence includes a Purple Heart Certificate indicating he was awarded the Purple Heart on 24 July 2004 for wounds received in action on 
30 August 2003 while serving in Hawija, Iraq.  The certificate does not provide any information regarding the orders that authorized this award.

4.  Records at Casualty and Mortuary Affairs, U.S. Army Human Resources Command, located at Fort Knox, Kentucky, contained no evidence showing the applicant was wounded in action.


5.  References:

	a.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

	b.  Army Regulation 600-8-22 states the North Atlantic Treaty Organization (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.

	c.  Army Regulation 600-8-22 further states the following missions/operations have been approved by the Secretary of Defense for acceptance and wear of the NATO Medal:  (1) Operations related to the former Republic of Yugoslavia 
(14 November 1995 to a date to be determined); (2) Operations related to Kosovo (13 October 1998 to a date to be determined); (3) Operation EAGLE ASSIST (12 October 2001 to 16 May 2002); (4) Operation ACTIVE ENDEAVOR 
(26 October 2001 to a date to be determined); (5) International Security Assistance Force (ISAF) in Afghanistan (1 June 2003 to a date to be determined); and (6) Operations in the Balkans (1 January 2003 to a date to be determined).

	d.  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 their social security number, name, rank, nationality, service, unit, location, periods of service, and number of days of deployment in their request.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart, Combat Action Badge, and the NATO Medal.

2.  Permanent orders clearly show the applicant was awarded the Combat Action Badge.  Therefore, his DD Form 214 should be corrected to show this badge.

3.  There are no available orders showing the applicant was awarded the Purple Heart.  The certificate provided by the applicant is not sufficient evidence by itself upon which to base a correction of his DD Form 214.  Should he have or be able to obtain a copy of the orders awarding him the Purple Heart or if he can provide other evidence to corroborate the award certificate he may submit another application for consideration.

4.  There is no available evidence showing the applicant participated in a qualifying mission/operation for award of the NATO Medal.  Furthermore, the applicant has not provided a copy of the required certificate.  Therefore, his request to show this award on his DD Form 214 should be denied.

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 the Combat Action Badge to his 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 adding the Purple Heart or NATO Medal to his DD Form 214.



      _______ _   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)                                         AR20100010938



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ABCMR Record of Proceedings (cont)                                         AR20100010938



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