IN THE CASE OF:	  

		BOARD DATE:	  10 July 2012

		DOCKET NUMBER:  AR20120001342 


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 following:

* North Atlantic Treaty Organization (NATO) Medal
* Armed Forces Service Medal (AFSM)
* Armed Forces Expeditionary Medal (AFEM)
* Global War on Terrorism Service Medal (GWOTSM)
* Army Good Conduct Medal (AGCM)
* Noncommissioned Officer (NCO) Professional Development Ribbon (NPDR)
* Army Achievement Medal (AAM) (2nd award)
* Primary Leadership Development Course (PLDC) (currently known as the Warrior Leader Course (WLC))

2.  The applicant states he was deployed to Bosnia-Herzegovina during the period April - June 1998.  He was in an active duty status between September 2001 and October 2002 and he was awarded the AGCM after three years of service and the NPDR upon graduation from PLDC.  He contends that his records also show he was awarded two AAMs.

3.  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 enlisted in the Regular Army on 2 October 1997 and he was awarded military occupational specialty 68H (Aircraft Pneudraulics Repairer) upon completion of initial entry training.  

3.  An AAM Certificate shows he was awarded the AAM by Permanent Orders Number 342-3, dated 8 December 1999, issued by 4th Brigade, 1st Armored Division.  

4.  A DA Form 1059 (Service School Academic Evaluation Report) shows he completed PLDC which he attended during the period 29 March - 28 April 2000 (4 weeks).

5.  Detachment A, 55th Personnel Services Battalion, Orders Number 321-006, dated 16 November 2000, awarded him the AGCM (1st award).

6.  He was honorably discharged on 4 October 2002.  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following:

* Army Lapel Button
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar

7.  Block 14 (Military Education) of his DD Form 214 does not reflect completion of PLDC.

8.  There is no evidence in his Official Military Personnel File (OMPF) that shows he was deployed to Bosnia-Herzegovina or that he was awarded the NATO Medal, AFSM, AFEM, or a second AAM.

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.  

	b.  The AFSM may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992:

* participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action
* participate for 1 or more days in the operation within the designated area of eligibility or meet one or more of several criteria including being 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' duration)
* 60 nonconsecutive days provided this support involves entering the area of eligibility

	c.  The AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in the Former Republic of Yugoslavia operations Joint Endeavor and Joint Guard during the period 1 June 1992 to 20 June 1998.

	d.  The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the GWOTEM, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  

	e.  The NPDR was established by the Secretary of the Army on 10 April 1981. It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses. It provides that completion of the WLC qualifies for award of the basic ribbon.

	f.  The AAM is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and provides that in block 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show missing awards and military education has been carefully reviewed.  

2.  Evidence shows he was awarded the first award of the AGCM and the first award of the AAM.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.  

3.  He served a period of qualifying service for award of the GWOTSM.  His DD Form 214 should be corrected to show this award.

4.  The evidence of record also shows he successfully completed PLDC.  Therefore, this training should be added to his DD Form 214.

5.  Based on completion of PLDC, he is eligible for the basic NPDR.  Therefore, it would be appropriate to further correct his DD Form 214 by adding this ribbon.

6.  There is no evidence in his OMPF, and he provided none, that shows he was deployed to Bosnia-Herzegovina or that he was awarded the NATO Medal, AFSM, AFEM, or a second AAM.  Therefore, there is no basis to correct his DD Form 214 to show these awards.

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:

	a.  adding to block 13 of his DD Form 214 the Army Achievement Medal (1st Award), Army Good Conduct Medal (1st Award), Global War on Terrorism Service Medal, and the NCO Professional Development Ribbon; and 

	b.  adding to block 14 of his DD Form 214 the entry "Primary Leadership Development Course, 4 weeks, 2000."

2.  The Board further determined that 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 the NATO Medal, Armed Forces Service Medal, Armed Forces Expeditionary Medal, and the second award of the Army Achievement 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)                                         AR20120001342



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ABCMR Record of Proceedings (cont)                                         AR20120001342



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