IN THE CASE OF:	  

		BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100014399 


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 he was awarded the Joint Service Commendation Medal (JSCM), North Atlantic Treaty Organization (NATO) Medal, and Joint Meritorious Unit Award (JMUA).

2.  The applicant states he is joining the U.S. Navy Reserve as an officer and would like to submit his packet with the correct awards he earned during his Army service.  He believes his records and evaluations show he served in Albania in 1995 for Joint Task Force (JTF) Provide Promise during a period for which the JTF was awarded the JMUA and in Sarajevo in 1996 and 1997 during the time frame required to receive the NATO Medal.

3.  The applicant provides a copy of permanent orders awarding him the JSCM.

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.  The applicant enlisted in the Regular Army on 13 February 1990.  He was honorably discharged on 14 February 1999 after completing 9 years and 2 days of active military service.

3.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) he received the following awards:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal (AGCM) (2nd Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
* Driver and Mechanic Badge with Driver-W Bar

4.  Permanent Orders 195-22, issued by the U.S. National Support Joint Task Force on 14 July 1997, announced award of the JSCM to the applicant for his meritorious achievement during the period 6 February to 12 July 1997.  A citation accompanying the award shows he served in Sarajevo, Bosnia, in support of Headquarters, Peace Stabilization Force, Operation Joint Guard.

5.  A DA Form 2166-7 (Noncommissioned Officer Evaluation Report) for the period June to October 1995 shows the applicant was deployed for 4 months in support of Operation Nomad Vigil.

6.  A review of unit awards records maintained by the U.S. Army Human Resources Command Awards and Decorations Branch does not show any unit awards were granted for service in support of Operation Nomad Vigil.

7.  The record is void of documentation showing the applicant served in support of JTF Provide Promise.

8.  The record is void of documentation showing the applicant was awarded the NATO Medal.

9.  Army Regulation 600-8-22 (Military Awards) states 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.  A table of approved NATO Medals for acceptance and wear published by the Department of Defense shows 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 12 October 1998.

10.  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 of Supreme Headquarters Allied Powers Europe, Belgium, at 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.

11.  A review of the applicant's record shows entitlement to additional awards not shown on his DD Form 214.

12.  Permanent Orders 041-00019, issued by Headquarters, U.S. Army Signal Center and Fort Gordon, on 10 February 1999, announced award of the AGCM (3rd Award) to the applicant.

13.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal (AFEM) 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 for friendly foreign nations.  Qualifying service for this award includes service in the Former Republic of Yugoslavia in support of Operations Joint Endeavor and Joint Guard from 1 June 1992 to 20 June 1998.  Only participants deployed in Bosnia-Herzegovina and Croatia are eligible.

14.  Army Regulation 600-8-22 states the Armed Forces Service Medal (AFSM) may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992:

* participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action
* participate for 1 or more days in the operation within the designated area of eligibility or meet one or more of several criteria including being engaged in direct support for:

* 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days in duration)
* 60 nonconsecutive days provided this support involves entering the area of eligibility

15.  Military Personnel Message Number 99-100 authorized award of both the AFSM and the AFEM as a one-time exception to Department of Defense and Service policy for qualifying service in support of Operations Joint Endeavor and Joint Guard in the Republic of Bosnia-Herzegovina.  This exception allowed both service medals to be presented to personnel deployed in Bosnia-Herzegovina during the periods 1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and 20 December 1996 to 20 June 1998 (Operation Joint Guard).  The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.

16.  A DA Form 2-1 (Personnel Qualification Record) shows the applicant was assigned for duty in Korea from 17 September 1990 through 1 November 1991 and again from 1 November 1993 through 28 October 1994.

17.  Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant's request for correction of his record to show award of the JSCM, but does not support his request for correction of his record to show award of the NATO Medal or JMUA.

2.  Permanent orders announced award of the JSCM to the applicant.  Therefore, he is entitled to correction of his record to show this award.

3.  The available records do not include a certificate verifying the applicant was awarded the NATO Medal.  In the absence of that document, there is no basis for correction of his record to show he was awarded the NATO Medal.

4.  The available records do not show the applicant served in a unit that was awarded the JMUA.  Therefore, he is not entitled to correction of his record to show this award.

5.  Permanent orders announced award of the AGCM (3d Award) to the applicant.  Therefore, he is entitled to correction of his record to show this award.

6.  The applicant served in support of Operation Joint Guard during a period of eligibility for the AFSM and AFEM.  Therefore, he is entitled to correction of his record to show these awards.

7.  The applicant served in Korea during the period of eligibility for the KDSM.  Therefore, he is entitled to correction of his record to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  deleting the AGCM (2nd Award) from item 13 of his DD Form 214 and

	b.  adding the following to item 13 of his DD Form 214:

* JSCM
* AGCM (3d Award)
* AFEM
* AFSM
* KDSM



2.  The Board further determined 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 the NATO Medal and JMUA.



      ____________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)                                         AR20100014399



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ABCMR Record of Proceedings (cont)                                         AR20100014399



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