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ARMY | BCMR | CY2013 | 20130003001
Original file (20130003001.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	  17 October 2013

		DOCKET NUMBER:  AR20130003001 


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 Bronze Star Medal (BSM), Army Achievement Medal (AAM), North Atlantic Treaty Organization (NATO) Medal, and Armed Forces Overseas Ribbon.

2.  The applicant states that he was assigned to Company A, 1st Battalion, 
17th Infantry Regiment, 5th Stryker Brigade Combat Team (SBCT), 2nd Infantry Division and served with the International Security Assistance Force (ISAF) in Afghanistan during his deployment from July 2009 to January 2010.  He was awarded the AAM for his service as a platoon leader before deploying and the BSM for his service as a platoon leader while deployed.  The NATO (ISAF) Medal and Armed Forces Overseas Ribbon were awarded based on his battalion being under NATO command in Kandahar Province.  He adds the awards were processed while he was recovering at Walter Reed Army Medical Center (WRAMC) from wounds that he had received in combat.

3.  The applicant provides his AAM and BSM award documents, deployment orders, and DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1  The applicant was appointed as a commissioned officer in the Regular Army in the rank of second lieutenant on 31 May 2008.

2.  Installation Management Command, Headquarters, U.S. Army Garrison, Military Personnel Division, Fort Lewis, WA, Orders 180-504, dated 29 June 2009, deployed the applicant to Kandahar, Afghanistan in support of Operation Enduring Freedom (OEF) on 15 July 2009.  He was assigned to the 1st Battalion, 17th Infantry Regiment.

3.  Landstuhl Regional Medical Center, Orders A-02-004241, dated 4 February 2010, reassigned the applicant to WRAMC, Washington, DC, with attachment to the Warrior Transition Brigade, effective 4 February 2010, for the purpose of a medical evaluation.

4.  He was promoted to the rank of captain on 1 July 2011.

5.  The applicant's DD Form 214 shows he was honorably retired from active duty on 18 December 2012 based on permanent disability.  He completed 
4 years, 6 months, and 18 days of net active service.

   a.  It shows he served in Afghanistan from 28 July 2009 to 28 January 2010.

   b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* Afghanistan Campaign Medal with 1 bronze service star
* Army Commendation Medal
* Purple Heart
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Combat Infantryman Badge
* Ranger Tab
* Parachutist Badge
* Air Assault Badge

6.  In support of his application, the applicant provides the following documents:

   a.  DA Form 638 (Recommendation for Award) and DA Form 4980-18 (AAM Certificate) that show Headquarters, 1st Battalion, 17th Infantry Regiment, Forward Operating Base Frontenac, Afghanistan, Permanent Order Number 
116-09, dated 27 April 2010, awarded the applicant the AAM for meritorious achievement while serving as a platoon leader in Company A, 17th Infantry Regiment, 5th SBCT, 2nd Infantry Division, from 11 June 2009 to 14 July 2009, in preparation for deployment to Afghanistan in support of OEF.

   b.  DA Form 638 with a Narrative and Citation, and a DA Form 4980-5 (BSM Certificate) that show Headquarters, United States Forces - Afghanistan, Permanent Order Number 330-099, dated 15 December 2010, awarded the applicant the BSM for meritorious service while serving as platoon leader for Second Platoon, Company A, 1st Battalion, 17th Infantry Regiment, 5th SBCT, 2nd Infantry Division, from 14 July 2009 to 15 July 2010, in support of OEF.

7.  A review of the applicant's military personnel records, along with the award documents he provided in support of his request, failed to reveal any evidence that he served under NATO command or operational control in direct support of the NATO ISAF in Afghanistan.  

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

	a.  The NATO Medal is 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. 
 
	 	(1)  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) 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). 

	 	(2)  The U.S. Army Human Resources Command (HRC) 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 Medal certificate.

	b.  The Armed Forces Service Medal (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.

	 	(1)  Service members must be bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or 60 nonconsecutive days provided this support involves entering the area of eligibility or meet the following criteria:

* While participating as a regularly assigned aircrew member, accumulates 15 days service (consecutive/nonconsecutive flying sorties into, out of, within, or over the area in direct support of the military operations)
* One day's service is credited for the first sortie flown on any day.  Additional sorties flown on the same day receive no further credit

	 	(2)  It does not show OEF as an authorized operation for the AFSM.

	c.  The Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981.

	 	(1)  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

	 	(2)  According to the HRC Military Awards Branch, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 
24-month period or 9 continuous months in Iraq or Afghanistan receive credit for a completed short tour.

	d.  The Military Awards regulation does not show the "Armed Forces Overseas Ribbon" as an authorized award or decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the BSM, AAM, NATO (ISAF) Medal, and Armed Forces Overseas Ribbon.

2.  Permanent orders awarded the applicant the BSM and AAM.  Therefore, he is entitled to correction of his records to show these two awards.

3.  Records show the applicant served in Afghanistan from 28 July 2009 to
28 January 2010.

4.  The available evidence fails 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.

5.  The NATO Medal is not an Army award; therefore, this Board has no authority to award it.  If the applicant can provide evidence (i.e., 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 pertaining to the NATO Medal.

6.  The applicant requests award of the Armed Forces Overseas Ribbon; however, there is no such award or decoration.  Thus, this portion of the applicant's request is unclear.

   a.  If the applicant is referring to the AFSM, the evidence of record fails to show the AFSM is authorized for service in support of OEF.  In addition, there is no evidence of record that shows the applicant qualified for the AFSM during the period of service under review.

   b.  If the applicant is referring to the OSR, the evidence of record shows a Soldier must serve 9 continuous months in Afghanistan to receive credit for a completed short tour and award of the OSR.  The evidence of record shows the applicant served 6 continuous months in Afghanistan.  Thus, he did not qualify for the OSR.

   c.  Therefore, based on the evidence of record, the applicant is not entitled to the AFSM or OSR.

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 adding to item 13 of his DD Form 214 the Bronze Star Medal and Army Achievement Medal.

2.  The Board further determined that the evidence presented was 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 Overseas Ribbon, Armed Forces Service Medal, or Overseas Service Ribbon.




      _______ _   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)                                         AR20130003001



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ABCMR Record of Proceedings (cont)                                         AR20130003001



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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