IN THE CASE OF:
BOARD DATE: 19 April 2012
DOCKET NUMBER: AR20110021476
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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) by issuance of a DD Form 215 (Correction to DD Form 214) showing he was awarded several commemorative medals, the Armed Forces Expeditionary Medal (AFEM), Armed Forces Service Medal (AFSM), and a medal for NATO service.
2. He states he was discharged with only his DD Form 214. He needs a DD Form 215 for clarification, listing all overseas medals, decorations, and citations to which he is entitled. He has only received three medals: the National Defense Service Medal (NDSM), Good Conduct Medal (GCM), and Army Commendation Medal (ARCOM).
3. He provides:
* two DD Forms 214
* a letter from the National Personnel Records Center (NPRC)
* a printout of medals status inquiry results from the website of the Clothing and Heraldry Product Support Integration Directorate, U.S. Army Tank-automotive and Armaments Command
* a list of medals
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. Commemorative medals are not awarded by the Department of Defense, nor are they authorized to be entered into military records. The portion of his request pertaining to commemorative medals will not be addressed further in these Proceedings.
3. The applicant enlisted in the Regular Army on 31 May 1973. After completing initial entry training, he was awarded military occupational specialty (MOS) 63C (Track Vehicle Mechanic). He served in this and related MOS's throughout his Army service.
4. On 22 September 1976, he was honorably discharged to reenlist. The DD Form 214 issued at that time shows he was authorized the NDSM.
5. On 23 September 1976, he reenlisted. On 21 September 1979, he was honorable discharged by reason of completion of required active service. He completed 6 years, 3 months, and 21 days of total active service. The DD Form 214 issued at that time shows he had been awarded or authorized the NDSM, GCM, and ARCOM.
6. His record shows he served in Germany from 11 January 1974 through 8 January 1977 and completed the remainder of his service in the United States.
7. He provides documentation showing the NPRC authorized issuance of the ARCOM, GCM, and NDSM to him and that those decorations were shipped to him in 2007.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning military awards. It states:
a. The AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods. 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. The regulation does not show that the AFEM was authorized for any operations in Germany during the applicant's service.
b. The AFSM may be awarded to members of the Armed Forces of the United States for designated operations after 1 June 1992.
c. The following missions/operations have been approved by the Secretary of Defense for acceptance and wear of the NATO Medal: (1) Operations related to the former Republic of Yugoslavia (14 November 1995 to a date to be determined); (2) Operations related to Kosovo (13 October 1998 to a date to be determined); (3) Operation EAGLE ASSIST (12 October 2001 to 16 May 2002); (4) Operation ACTIVE ENDEAVOR (26 October 2001 to a date to be determined); (5) International Security Assistance Force (ISAF) in Afghanistan (1 June 2003 to a date to be determined); and (6) Operations in the Balkans (1 January 2003 to a date to be determined).
DISCUSSION AND CONCLUSIONS:
1. The applicant did not serve in any operations that made him eligible for the AFEM, AFSM, or a medal for NATO service. The available records show he was authorized or awarded the NDSM, GCM, and ARCOM, which were properly recorded.
2. In view of the foregoing, there is no basis for issuing a DD Form 215 correcting his DD Form 214 to show additional awards.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20110021476
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ABCMR Record of Proceedings (cont) AR20110021476
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