IN THE CASE OF: 

		BOARD DATE:	  15 May 2014

		DOCKET NUMBER:  AR20130014803 


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 (Former Republic of Yugoslavia).

2.  The applicant states he was assigned to Aviano Air Force Base, Italy, from May 1994 through May 1997, and awarded the Armed Forces Service Medal (AFSM) on 4 June 1996.  He adds that the NATO Medal is authorized for 90 days continuous or accumulated service commencing 1 July 1992 and ending 
31 December 2002 in the territories of Italy, Greece, Hungary, and Austria in direct support of NATO operations in the former Republic of Yugoslavia.

3.  The applicant provides copies of his DA Form 2-1 (Personnel Qualification Record), reassignment orders, two award orders, his DD Form 214 (Certificate of Release or Discharge from Active Duty), and information pertaining to award of the AFSM and the NATO Medal.

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 12 October 1993 for a period of 6 years.  He was awarded military occupational specialty 67U (CH-47 Helicopter Repairer) and he attained the rank of specialist (E-4).

3.  The applicant's DA Form 2-1 shows in:

	a.  item 5 (Oversea Service), Italy from 12 May 1994 through 13 May 1997;

   b.  item 35 (Record of Assignments), he was assigned to Company E,
502nd Aviation Regiment (Italy), from 24 May 1994 through 7 May 1997; and

   c.  item 9 (Awards, Decorations and Campaigns) does not show the NATO Medal.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 11 October 1999 based on completion of required active service.  He had completed 6 years of net active service this period.  His DD Form 214 does not show the NATO Medal.

5.  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 former Republic of Yugoslavia mission.  

6.  A review of the applicant's military personnel records failed to reveal a copy of a NATO certificate or any other evidence showing award of the NATO Medal.

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

   a.  Headquarters, 21st Personnel Replacement Battalion, Orders 094-005, as amended by Orders 094-007, both dated 16 May 1994, that assigned the applicant to Company E, 502nd Aviation, on 20 May 1994;

   b.  Headquarters, U.S. Army Southern European Task Force, memorandum, dated 13 March 1996, subject:  List of Approved Service Medals, that shows, in pertinent part, the AFSM was approved for Operation Joint Endeavor and Operation Deny Flight from 1 June 1996 to a date to be determined;
   c.  Company E, 502nd Aviation Regiment, memorandum, dated 4 June 1996, subject:  Award of the AFSM, that shows, in pertinent part, the applicant was authorized award of the AFSM;

   d.  Headquarters, 510th Personnel Services Battalion, Orders 70-15, dated 
11 March 1997, that assigned the applicant to U.S. Army Garrison Replacement Detachment, Fort Campbell, KY, on 17 May 1997; and

   e.  a DA Form 638 (Recommendation for Award), dated 3 May 1999 (front page, only), that shows the applicant was recommended for award of the Army Commendation Medal for meritorious service from 12 October 1993 to 
11 October 1999.  It also shows, in pertinent part, "while assigned to Echo Company, 502nd Aviation Regiment at Aviano Air Force Base, Italy, [the applicant] and his unit supported Operation Deny Flight and participated in two battalion field exercises."

8.  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.  The NATO Medal for operations related to the former Republic of Yugoslavia (from 1 July 1992 to 31 December 2002) was approved by the Secretary of Defense for acceptance and wear.

9.  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 11-200, issued 29 June 2011, subject:  Updated NATO Policy Regarding Requests of the NATO Medal by U.S. Army Soldiers, shows that, effective 1 January 2011, all NATO Medal requests must be submitted within two years of leaving the operational area.  It also shows that effective
1 January 2011, the NATO Medal for previous NATO operations that ended over two years ago will no longer be processed or issued, including the former Republic of Yugoslavia (FRY) and former Yugoslavia (Republic of Macedonia).

   b.  The HRC, Military Awards Branch 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the NATO (FRY) Medal because he was awarded the Army Commendation Medal and the AFSM in support of Operation Joint Endeavor and Operation Deny Flight.

2.  The applicant's request was carefully considered.

   a.  He was assigned to Company E, 502nd Aviation Regiment and served in Italy, from 12 May 1994 through 13 May 1997.

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

   c.  There is no evidence that shows he served under NATO command or operational control in direct support of the NATO (FRY) mission, that he was issued a NATO Medal Certificate, or that he was awarded the NATO Medal.

3.  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 FRY, 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)                                         AR20130014803



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ABCMR Record of Proceedings (cont)                                         AR20130014803



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