IN THE CASE OF:	   

		BOARD DATE:	  20 August 2013

		DOCKET NUMBER:  AR20130000695 


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 records to show award of the North Atlantic Treaty Organization (NATO) Medal.

2.  The applicant states he served with the International Security Assistance Force (ISAF) in Afghanistan during his deployment from March 2008 to June 2009.  His unit was stationed in a Joint Operation Area in Asadabad, Afghanistan and worked with other joint operation units.

3.  The applicant provides a copy of the NATO (ISAF) Medal award criteria.

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 27 June 2002.  He attained the rank of specialist (E-4).

3.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably discharged on 4 October 2009 based on completion of required active service.  He completed 7 years, 3 months, and 
8 days of net active service this period.

a. He served in:

* Iraq:

* from 18 January 2005 to 5 February 2006
* from 8 August 2006 to 22 February 2007
* Afghanistan:  from 13 March 2008 to 26 June 2009

   b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), continued in item 18 (Remarks), shows the NATO Medal.

4.  A review of the applicant's military personnel records failed to reveal any evidence that he served under NATO command or operational control in direct support of the NATO ISAF in Afghanistan.  

5.  In support of his application, the applicant provides a copy of the criteria for award of the NATO Medal for ISAF that shows the medal is awarded to all U.S. Armed Forces personnel having served with the ISAF in Afghanistan as members of units or staff in the Joint Operations Area in the country.  The area of eligibility is delineated by the political boundaries of the ISAF.  The service must be 30 days (continuous or accumulated) from 31 July 2006 to a future date to be determined.

6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  Chapter 9 (Foreign and International Decorations and Awards to U.S. Army Personnel) provides in paragraph 9-25 that individual decorations may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government or international organization concerned, for the specific award.

   b.  The NATO Medal is awarded by the Secretary-General 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 of the NATO Medal for U.S. Armed Forces personnel who serve under NATO command or operational control in direct support of an approved NATO mission/operation.  U.S. military personnel affix a bronze service star to the NATO Medal suspension ribbon and service ribbon, for subsequent awards for service in a different NATO operation/mission (if approved by the Secretary of Defense).

7.  The U.S. Army Human Resources Command (HRC), Military Awards Branch website provides information pertaining to military awards.  It also provides links to MILPER (Military Personnel) messages.

   a.  MILPER Message 09-021, issued 9 February 2009, subject:  Revised Policy Regarding Acceptance and Wear of NATO Medals by U.S. Military Members, shows the NATO Medal is authorized for, in part:

* ISAF in Afghanistan:  1 June 2003 to a date to be determined
* NATO Training Implementation Mission - Iraq (NTIM-I):  18 August 2004 to 31 December 2011
* NATO Training Mission - Iraq (NTM-I):  18 August 2004 to 
31 December 2011
   
   b.  MILPER Message 11-200, issued 29 June 2011, subject:  Updated NATO Policy Regarding Requests of the NATO Medal by U.S. Army Soldiers, shows the ISAF is a current operation for which the NATO Medal will continue to be awarded to those personnel that apply within two years of departing the operational area.  Effective 1 January 2011, all NATO Medal requests must be submitted within two years of leaving the operational area.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the NATO Medal for his service in support of the ISAF.

2.  The applicant's DD Form 214 shows he was awarded the NATO Medal. Based on the available evidence, it is reasonable to conclude that the award was based on his service in Iraq in support of NTIM-I or NTM-I.

3.  The applicant served in Afghanistan from 13 March 2008 to 26 June 2009.

   a.  The available evidence is insufficient to show that the applicant served in direct support of the ISAF in Afghanistan as a member of a unit or staff in the Joint Operations Area in the country.

   b.  Moreover, the evidence of record shows that, effective 1 January 2011, all NATO Medal requests must be submitted within two years of leaving the operational area.

   c.  The applicant departed Afghanistan on 26 June 2009. 

4.  The NATO Medal is not an Army award; therefore, this Board has no authority to award it.  If the applicant can provide evidence (a NATO Medal certificate) showing it has already been awarded, it may be entered on his DD Form 214.  However, in the absence of any official documentary evidence showing award of the NATO Medal for ISAF, there is an insufficient evidentiary basis to grant the applicant's requested relief.

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)                                         AR20130012097



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ABCMR Record of Proceedings (cont)                                         AR20130000695



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