IN THE CASE OF:	 

		BOARD DATE:	    29 March 2011

		DOCKET NUMBER:  AR20100023336


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 the:

* Noncommissioned Officer (NCO) Professional Development Ribbon
* North Atlantic Treaty Organization (NATO) Medal
* Armed Forces Expeditionary Medal (AFEM)
* Armed Forces Service Medal (AFSM)
* Army Achievement Medal (AAM)
* Army Commendation Medal (ARCOM)

2.  As a secondary issue, he requests correction of his DD Form 214 to show he possessed three different military occupational specialties (MOS):

* 11B (Infantryman)
* 13M (Multiple Launch Rocket System Crewmember)
* 15D (Lance Missile Crewmember)

3.  The applicant states he earned the requested medals, but they were never included in his military records.  He further states that before his last year in the Army while at Fort Hood, TX, he was an E-6 [staff sergeant (SSG)] and he had three different MOS's:  11B, 13M, and 15D.  He concludes by stating item 11 (Primary Specialty Number, Title, and Years and Months in Specialty) of his DD Form 214 should reflect MOS's 11B and 13M, not 15D.

4.  The applicant provides no additional evidence.

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 requested correction of his DD Form 214 to show the NCO Professional Development Ribbon.  His DD Form 214 shows this award; therefore, this portion of his request will not be discussed further in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army for a 3-year term on 3 April 1979.  He completed training and he was awarded MOS 15D.  The highest rank/pay grade he achieved while serving on active duty was SSG/E-6.

4.  Item 6 (Military Occupational Specialties) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows his primary MOS as 15D effective 28 June 1979 and his secondary MOS as 11B effective 15 September 1983.

5.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 shows he was awarded the Army Service Ribbon, the Army Good Conduct Medal, the Overseas Service Ribbon, and the NCO Professional Development Ribbon.

6.  Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 shows he completed training in MOS 15D.  This item does not contain an entry indicating he completed training in MOS 11B or 13M.

7.  Orders 258-227, Headquarters, U.S. Army Field Artillery Center and Fort Sill, Fort Sill, OK, dated 15 September 1983, awarded him 11B as a secondary MOS.

8.  On 5 October 1987, he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 16-5b, resulting from a locally-imposed bar to reenlistment.  His DD Form 214 shows he completed 8 years, 6 months, and 3 days of net active service during this period.

9.  Item 11 of his DD Form 214 shows he held MOS 15D for 8 years and 4 months.

10.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the:

* Army Service Ribbon
* Overseas Service Ribbon
* NCO Professional Development Ribbon
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar

11.  The available records do not contain any documentation, and he has not provided any documentation, to substantiate award of the NATO Medal, the AFEM, the AFSM, the AAM, or the ARCOM.

12.  The available records do not reference his participation in any U.S. Army or NATO operation or campaign.

13.  Army Regulation 600-8-22 (Military Awards) provides that the NATO Medal is authorized by the Secretary General of NATO to military and civilian members of the Armed Forces of the United States who participate in designated 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 related to:  (a) the former Republic of Yugoslavia (14 November 1995 to a date to be determined), (b) 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) operations in the Balkans (1 January 2003 to a date to be determined), and (f) International Security Assistance Force in Afghanistan (1 June 2003 to a date to be determined).

14.  Army Regulation 600-8-22 provides that 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.  Only the basic medal and service ribbon are authorized for wear on the uniform.  For subsequent awards for service in a different NATO operation (if approved by the Secretary of Defense), U.S. military personnel will affix a bronze service star to the NATO Medal suspension ribbon and service ribbon.  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 NATO certificate.  Soldiers should submit a request to the U.S. National Military Representative (USNMR) at Supreme Headquarters Allied Powers Europe, 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.

15.  Army Regulation 600-8-22 provides that the AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.

16.  Department of Defense 1348.33-M (Manual of Military Decorations and Awards) provides that the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate or have participated as members of U.S. military units in a U.S. military operation that is deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility or meet one or more of the following criteria:  (a) be 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 in duration) or for 60 nonconsecutive days provided this support involves entering the area of eligibility or (b) participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the area of eligibility in support of the operation.

17.  Army Regulation 600-8-22 provides that the AAM is awarded to any member of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished him or herself by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

18.  Army Regulation 600-8-22 provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes him or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

19.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

20.  The request, along with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

21.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  This regulation further provides:  

	a.  Item 11 of the DD Form 214 documents the codes and titles of all MOS's served in for at least 1 year, with the number of years and months served.  For time determination, 16 days or more count as a month.  Time spent in basic training and advanced individual training are not counted.

	b.  Item 13 of the DD Form 214 documents the decorations, medals, badges, citations, and campaign ribbons awarded or authorized.  List awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 11 of his DD Form 214 should reflect the three different MOSs he possessed.  Army Regulation 635-5 states that item 11 will document the codes and titles of all MOS's served in for at least 1 year, with the number of years and months served.  The evidence of record confirms his primary MOS was 15D and his secondary MOS was 11B; however, the evidence of record does not show he was awarded MOS 13M.  Therefore, he is entitled to correction of his records to show MOS 11B as his secondary MOS; however, he is not entitled to correction of his records to show MOS 13M as an additional MOS.

2.  The applicant's request for correction of his DD Form 214 to show award of the NATO Medal, the AFEM, the AFSM, the AAM, and the ARCOM has been carefully considered; however, there is insufficient evidence to support his request.

3.  With respect to the NATO Medal, the evidence of record does not show he was assigned to a unit under NATO command and control or that he served in a NATO operation; therefore, there is insufficient evidence to grant the requested relief. 

4.  With respect to the AFEM, the evidence of record does not show he was (a) engaged in actual combat or equally hazardous activity or (b) a bona fide member of a unit participating in or engaged in the direct support of an operation for 30 consecutive or 60 nonconsecutive days, provided this support involved entering the area of operations.  Therefore, there is insufficient evidence to grant the requested relief.

5.  With respect to the AFSM, this medal did not exist during his period of service and its applicability is not retroactive; therefore, he is not entitled to the requested relief.

6.  With respect to the AAM and the ARCOM, the available record is void of any evidence indicating he was recommended for or awarded the AAM or the ARCOM.  Army Regulation 600-8-22 states that for personal decorations (which include the AAM and ARCOM) formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of orders, there is insufficient evidence to grant the requested relief.

7.  Nevertheless, while the available evidence is insufficient for awarding him the AAM or the ARCOM, this in no way affects his right to pursue his claim for the either award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 11 of his DD Form 214 to add "11B1O, Infantryman, 4 years, 1 month."

2.  The Board further determined 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 award of the NATO Medal, the AFEM, the AFSM, the AAM, the ARCOM, or MOS 13M as an additional MOS.



      _________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)                                         AR20100011932



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ABCMR Record of Proceedings (cont)                                         AR20100023336



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