IN THE CASE OF:
BOARD DATE: 11 January 2011
DOCKET NUMBER: AR20100017609
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 military records to show he was awarded the North Atlantic Treaty Organization (NATO) Medal and the Korea Defense Service Medal.
2. The applicant states that he wants those awards added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant provided:
* a certificate showing he was awarded the NATO Medal for service with NATO on operations in relation to the Former Republic of Yugoslavia during the period 11 September 1996 to 13 December 1996
* a memorandum from Headquarters and Headquarters Detachment, 123d Main Support Battalion, Operation Joint Endeavor, dated 11 November 1996, subject: NATO and Armed Forces Service Medal Authorization
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. At the time of his application, he was retired from the Regular Army as a sergeant first class/pay grade E-7.
3. The applicant's DA Form 2-1 (Personnel Qualification Record) reflects in item 35 (Record of Assignments) that he served in the Republic of South Korea during the period January 1989 to November 1989.
4. The applicant provided a certificate signed by the NATO Secretary General awarding him the NATO Medal. He also provided a memorandum from his organization at the time showing him on a list of personnel who met the requirements for the NATO Medal and the Armed Forces Service Medal, which is listed on his DD Form 214.
5. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal 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.
6. Army Regulation 600-8-22 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. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests the NATO Medal and the Korea Defense Service Medal be added to his DD Form 214.
2. The applicant provided a certificate signed by the NATO Secretary General awarding him the NATO Medal.
3. The evidence of record clearly shows that the applicant served during a qualifying period for award of the Korea Defense Service Medal.
4. In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation of 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 Korea Defense Service Medal and 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) AR20100000279
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100017609
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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