IN THE CASE OF:
BOARD DATE: 3 February 2011
DOCKET NUMBER: AR20100017529
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:
* North Atlantic Treaty Organization (NATO) Medal
* Army Achievement Medal (AAM)
* Armed Forces Service Medal (AFSM)
2. The applicant states, in effect, he received the NATO Medal, AAM, and AFSM for his service in Bosnia. He is thinking of going back on active duty, but he would like to have his records corrected before doing so.
3. The applicant provides copies of his DD Form 214, a NATO Medal Certificate, the front page of a DA Form 638 (Recommendation for Award), a Certificate of Achievement, an AAM Certificate, and unit movement orders.
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 applicants 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 applicants 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 17 February 1995. He was honorably released from active duty on 16 February 1998 after completing 3 years of active military service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button
3. His record in the interactive Personnel Electronic Records Management System (iPERMS) is void of documentation showing he served in Bosnia or that he received the NATO Medal, AAM, or AFSM.
4. He provides a NATO Medal Certificate showing he was awarded the NATO Medal for service with NATO on operations in relation to the former Yugoslavia during the period October 1996 to April 1997.
5. He provides an AAM Certificate showing he was awarded the AAM for his service during Operation Joint Endeavor (OJE) and Operation Joint Guard (OJG) during the period 9 September 1996 to 2 April 1997 as announced in Permanent Orders Number 209-09, issued by the 544th Maintenance Battalion, Fort Hood, TX, on 20 July 1997.
6. 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. The Secretary of Defense approved acceptance of the NATO Medal 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.
7. Military Personnel Message (MILPER) 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 OJE and OJG 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 (OJE) and 20 December 1996 to
20 June 1998 (OJG). The exception also allowed only one award of each service medal for service in either or both OJE and OJG.
DISCUSSION AND CONCLUSIONS:
1. The available evidence supports the applicant's request for correction of his DD Form 214 to show the NATO Medal, AAM, and AFSM. Review of the evidence also shows he is entitled to award of the AFEM.
2. The NATO Medal Certificate he provides confirms he received this award for service in support of operations in the former Republic of Yugoslavia. Therefore, he is entitled to correction of his DD Form 214 to show this award.
3. The AAM Certificate he provides confirms he received this award for his service during OJE and OJG. Therefore, he is entitled to correction of his DD Form 214 to show this award.
4. The evidence shows he served in support of OJE and OJG during a period of eligibility for both the AFSM and AFEM. Therefore, he is entitled to correction of his record to show these awards.
BOARD VOTE:
___X____ __X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for 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:
* Army Achievement Medal
* Armed Forces Expeditionary Medal
* Armed Forces Service Medal
* North Atlantic Treaty Organization 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) AR20100017529
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ABCMR Record of Proceedings (cont) AR20100017529
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