IN THE CASE OF:	  

		BOARD DATE:	  7 February 2013

		DOCKET NUMBER:  AR20120010976 


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 add:

* Iraq Campaign Medal (ICM) with two bronze service stars 
* North Atlantic Treaty Organization (NATO) Medal 
* his U.S. Army Reserve (USAR) service for the period April 2008 to October 2011

2.  The applicant states he received an email from the USAR about campaign stars for the ICM and he wants two added to his ICM.  The applicant states he was told upon research that he is qualified for the NATO Medal for his service in Iraq.  The applicant continues that he reenlisted in the USAR and he would like the service time added to his DD Form 214. 

3.  The applicant provides:

* his DD Form 214 
* Military Personnel (MILPER) Message Number 12-148
* a Army Times article titled:  "Thousands more now eligible for NATO Medal"
* a paper listing the Iraq campaigns 




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 ABCMR sent the applicant a letter, dated 3 January 2013, informing him that because he received the Global War on Terrorism Expeditionary Medal (GWOTEM) for service in Iraq he cannot be awarded the ICM or associated bronze service stars unless he states he is willing to forfeit the GWOTEM.  He did not respond.  Therefore, this issue will not be discussed further in these proceedings.

3.  The applicant enlisted in the Regular Army (RA) on 7 August 2003 and he was awarded military occupational specialty 92G (Food Service Operations).

4.  On 27 January 2006, he was separated under the provisions of Army Regulation 635-200 (Active Duty Enlisted Separations), chapter 14 due to a pattern of misconduct with a general discharge.

5.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded:

* Army Commendation Medal
* National Defense Service Medal
* GWOTEM
* Global War on Terrorism Service Medal
* Army Service Ribbon

6.  Item 18 (Remarks) of his DD Form 214 shows the entry "SERVICE IN IRAQ 2004/03/15-2005/03/14."



7.  There is no evidence in the applicant's available records that shows he served under NATO command or was awarded the NATO Medal.

8.  A DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 18 April 2008, shows he enlisted in the USAR for a 6-year term of service.

9.  Orders 11-563-00032, dated 20 September 2011, issued by Headquarters, 88th Regional Support Command show the applicant was honorably discharged from the USAR on 20 October 2011.

10.  Army Regulation 600-8-22 (Military Awards) 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.  

11.  Army Regulation 600-8-22 states the following missions/operations have been approved by the Secretary of Defense for acceptance and wear of the NATO Medal: 

* NATO Training Implementation Mission - Iraq (NTIM-I) (18 Aug 04 to a date to be determined)
* NATO Training Mission - Iraq (18 Aug 04 to a date to be determined)

12.  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 certificate.  MILPER Message 11-200 states all NATO Medal requests must be submitted to Supreme Headquarters, Allied Powers Europe (SHAPE) within two years of leaving the operational area.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, 
discharge, or release from active military service or control of the Army.  It states, in pertinent part, that the regulation is applicable to members of the active duty Army, the Army National Guard (ARNG), and the USAR on 90 days or more of active duty, active duty for training, or full-time training duty.  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.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is qualified for award of the NATO Medal.  He has provided no evidence showing he received this award.  Therefore, there is no basis for adding it to his DD Form 214

2.  The DD Form 214 is only meant to be a synopsis of the Soldier’s most recent period of continuous active duty.  His subsequent USAR service was performed outside the period covered by his DD Form 214.  Therefore, he is not entitled to correction of his DD Form 214 to add his USAR service.

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)                                         AR20120010976



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ABCMR Record of Proceedings (cont)                                         AR20120010976



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