BOARD DATE:	  8 February 2011

		DOCKET NUMBER:  AR20100019812 


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 her records to show award of the Army Good Conduct Medal (AGCM) and the North Atlantic Treaty Organization (NATO) Medal.

2.  She states she served her country honorably and she requested a release from active duty 1 month earlier than her contracted expiration term of service date.  She was told her ACGM would be forwarded to her; however, she did not realize she had not receive the medal until she began preparing her burial uniform. 

3.  She believes she may be eligible for the NATO Medal based on her assignment with the Supreme Headquarters Allied Powers Europe (SHAPE). 

4.  She provided a copy of her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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.  She enlisted in the Women’s Army Corps on 21 March 1966.  After the completion of training, she was awarded military occupational specialty (MOS) 71B (Clerk Typist).  

3.  A DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) she was assigned to Headquarters and Headquarters Company, Headquarters Command, U.S. Army Element, SHAPE on 31 July 1967.  This item also shows she received all “excellent” conduct and efficiency ratings throughout her military career.   

4.  Item 41 (Awards and Decorations) of her DA Form 20 shows she was awarded the National Defense Service Medal (NDSM).

5.  Her record contains Special Orders Number 36, Headquarters, U.S. Army Personnel Center, dated 24 February 1969.  These orders show she was discharged from the Army and had no remaining service obligation.

6.  On 24 February 1969, she was honorably discharged under the provisions of Section VII, Chapter 5, Army Regulation 635-200 (Enlisted Personnel), Early Release of Overseas Returnee.  She completed 2 years, 11 months, and 4 days of net active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this form shows she was awarded the NDSM.

7.  Her record contains no derogatory information and there is no documented record of a disqualification that would have precluded her from receiving the AGCM.  

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and for the first award only, upon termination of service on or after 27 June 1950 of less than 
3 years but more than 1 year.  

9.  Army Regulation 672-5-1 states the Soldier must have had all "excellent" conduct and efficiency ratings and there must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

10.  The NATO Medal is awarded by the Secretary-General of the North Atlantic Treaty Organization to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations.  The following missions/operations have been approved by the Secretary of Defense, for acceptance and wear:

   	a.  Operations related to the former Republic of Yugoslavia (14 November 1995 to a date to be determined);
   
   	b.  Operations related to Kosovo (13 October 1998 to a date to be determined);

   	c.  Operation EAGLE ASSIST (12 October 2001 to 16 May 2002),

   	d.  Operation ACTIVE ENDEAVOR (26 October 2001 to a date to be determined);

  	e.  International Security Assistance Force in Afghanistan (1 June 2003 to a date to be determined); and

   	f.  Operations in the Balkans (1 January 2003 to a date to be determined).

DISCUSSION AND CONCLUSIONS:

1.  With respect to award of the NATO Medal, there is no evidence the applicant served a qualifying period of service for award of the NATO Medal, or that she participated in a designated NATO operation or mission that was approved by the Secretary of Defense.  Therefore, there is insufficient evidence to award her the NATO Medal.

2.  The evidence of record confirms she served honorably from 21 March 1966 through 24 February 1969.  She received all "excellent" conduct and efficiency ratings throughout her military career.  Based on her overall record of service, it would be appropriate to award her the first award of the AGCM and to correct her records to reflect 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 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 awarding her the AGCM (First Award) for the period 21 March 1966 through 
24 February 1969 and amending item 24 of her DD Form 214 to add this award.  

2.  The Board further determined that the evidence presented was 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)                                         AR20100019812



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ABCMR Record of Proceedings (cont)                                         AR20100019812



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