BOARD DATE:	  18 January 2011

		DOCKET NUMBER:  AR20100015617 


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 the Armed Forces Service Medal and the North Atlantic Treaty Organization (NATO) Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 
6 October 1999.

2.  The applicant states he served with the 22nd Area Support Group (ASG), 28th Transportation Platoon in direct support of Operation Joint Endeavor in Italy. He was transferred to Fort Lewis, WA before the criteria for the medals were changed; however, he was never awarded either medal.

3.  The applicant provides copies of:

* Commander in Chief U.S. Army, Europe, Heidelberg, Germany message, dated 10 July 1996
* his approved DA Form 638 (Recommendation for Award), dated 13 May 1996, for award of the Army Commendation Medal
* 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 on 1 March 1994 for a period of 
3 years.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 63B (Light Wheel Vehicle Mechanic).  He had previously served 5 months and 11 days of active service and 5 months and 24 days of inactive service.

3.  On 14 March 1994, the applicant was assigned to the 28th Transportation Platoon, in Vicenza, Italy.

4.  The DA Form 638, dated 13 May 1996, shows the applicant was approved for award of the Army Commendation Medal for the period from 7 March 1994 to 
1 June 1996.  Achievement #4 stated, in part, "He supported several operations which included……numerous deployments to Bosnia during Operation Joint Endeavor."

5.  On 6 October 1999, the applicant was discharged by reason of disability with severance pay.  He had completed 5 years, 7 months, and 6 days of active service that was characterized as honorable.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded two Army Commendation Medals.  Item 13 does not show he is authorized the Armed Forces Service Medal or the North Atlantic Treaty Organization Medal.

6.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Service Medal 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' duration) 
* 60 nonconsecutive days provided this support involves entering the 	area of eligibility  

7.  Commander in Chief U.S. Army, Europe, Heidelberg, Germany message, dated 10 July 1996, approved award of the Armed Forces Service Medal to U.S. military forces deployed in, or in direct support of Operation Joint Endeavor within the total land, sea, and air space of designated areas, including Italy from 1 June 1992.

8.  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.  In a message, 101600Z July 1996, CINCUSAREUR expanded, retroactively, the area of eligibility for the NATO Medal to include the countries of Italy, Greece, Hungary, and Austria.

9.  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 the Armed Forces Service Medal and the NATO Medal should be added to his DD Form 214.

2.  The applicant's DA Form 638 approving award of the Army Commendation Medal shows the applicant was in direct support of Operation Joint Endeavor while he was in Italy.  Based on the period of the award, it is reasonable to conclude he was engaged in direct support for 30 consecutive days in the area of eligibility.  Therefore, the applicant is authorized the Armed Forces Service Medal and this award should be added to his DD Form 214.
3.  The applicant has not provided a certificate for award of the NATO Medal. Therefore, this award cannot be added to his DD Form 214 at this time.  It is recommended that he submit a request to U.S. National Military Representative (USNMR) at Supreme Headquarters Allied Powers Europe (SHAPE), Belgium:  usnmr@benelux.army.mil to request a certificate.

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 amending item 13 of his DD Form 214 with a separation date of 6 October 1999 to include the Armed Forces Service Medal.

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 the NATO Medal.  




      _______ _   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)                                         AR20100015617



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ABCMR Record of Proceedings (cont)                                         AR20100015617



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