IN THE CASE OF:	  

		BOARD DATE:	  18 January 2011

		DOCKET NUMBER:  AR20100015042 


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 that his DD Form 214 be corrected to reflect his awards of the Armed Forces Service Medal (AFSM) and the North Atlantic Treaty Organization (NATO) Medal.

2.  The applicant states that he was awarded the AFSM and the NATO Medal and they were omitted from his DD Form 214 at the time of his discharge.  He further states that he earned the medals and would like the oversight corrected.

3.  The applicant provides:
* A copy of temporary duty (TDY) orders for participation in Operation Provide Promise in Brindisi, Italy
* Copies of messages announcing the expansion of area of eligibility for awards of the AFSM and the NATO Medal
* A copy of his DD Form 214

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 in Spokane, Washington on 21 April 1988 and served as an infantryman and special forces weapons sergeant until he was honorably discharged in the pay grade of E5 on 7 January 1997.  

3.  His DD Form 214 issued at the time of his discharge shows that he was awarded the Army Commendation Medal, the Joint Service Achievement Medal, the Army Achievement Medal, the Joint Meritorious Unit Award, the Army Good Conduct Medal (2d award), the National Defense Service Medal, the Army Lapel Button, the Armed Forces Expeditionary Medal, the Southwest Asia Service Medal with one bronze service star, the Noncommissioned Officer Professional Development Ribbon with Numeral 2, the Army Service Ribbon, the United Nations Medal, the Expert Infantryman Badge, the Parachutist Badge, the Air Assault Badge, the Special Forces Tab and the Norweigan Armed Forces Parachutist Badge.

4.  A review of his official records shows that it contains a memorandum for record dated 16 August 1996 signed by the applicant’s battalion commander indicating that the applicant was awarded the AFSM.  There is no evidence in those records to show that he was awarded the NATO Medal.

5.  Army Regulation 600-8-22 (Military Awards) 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.

6.  Army Regulation 600-8-22 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). 

7.  Army Regulation 600-8-22 states 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 above NATO operations.  The NATO Medal will normally be presented by the Allied Command Europe headquarters exercising operational command or control over U.S. military units or individuals prior to their departure from service with NATO.  U.S. service members are authorized to retain the ribbon clasp presented but may not wear the clasp.  For subsequent awards (if approved by the Secretary of Defense) for service in a different NATO operation, U.S. military personnel will affix a bronze service star to the NATO Medal suspension ribbon and service ribbon.

8.  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’s contention that he was awarded the AFSM has been noted and found to have merit.  His records contain evidence to support his contention and therefore he is entitled to have that award added to his records at this time.

2.  However, he has failed to show through the evidence of record and the evidence submitted with his records sufficient evidence to show that he was awarded the NATO Medal.

3.  Therefore, in the absence of a  copy of the certificate awarding him the NATO Medal there appears to be no basis to award him the NATO Medal at this time.







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 his award of the AFSM. 

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 award of the NATO Medal to his records.




      _______ _   _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)                                         AR20100015042





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ABCMR Record of Proceedings (cont)                                         AR20100015042



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