IN THE CASE OF: 

		BOARD DATE:	    7 August 2014

		DOCKET NUMBER:  AR20130020714 


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:

* Joint Service Achievement Medal (JSAM) (2nd Award)
* Armed Forces Expeditionary Medal (AFEM)
* North Atlantic Treaty Organization (NATO) Medal
* Armed Forces Service Medal (AFSM)
* United Nations Medal (UNM)
* Korea Defense Service Medal (KDSM)
* Military education in rappelling and mountaineering

2.  He states that in June 1995 he left active duty and received another JSAM for the period 29 March to 25 May 1995.  As a result of his service at the Joint Special Operation Task Force 2, San Vito Air Station, Brindisi, Italy in support of United Nations Protection Force (UNPROFOR)/NATO Forces with Operation Deny Flight, Provide Promise, and Sharp Guard from 25 July to 15 September 1994, he is eligible for the AFEM, NATO Medal, AFSM, and the UNM.  Additionally, he is also eligible for the same awards as a result of another tour with the NATO Deployed Special Handling and Evaluation Detachment Facility in Naples, Italy in support UNPROFOR/NATO Forces in the former Yugoslavia from 29 March to 25 May 1995.  He completed a one-year tour in the Republic of Korea (ROK) and is entitled to the KDSM.  Additionally, he request his military education block be corrected to show he completed a 40-hour class in rappelling and mountaineering. 

3.  He provides:

* DD Form 214
* Certificate of Training
* Orders 174-3, dated 23 June 1995
* Two JSAM certificates, dated 9 March 1995 and 14 June 1995 and citations
* Certificate of Achievement
* Certificate of Appreciation

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 4 June 1992.  He served in the ROK from 8 January 1993 to 7 January 1994.  He was honorably released from active duty on 2 June 1995 and credited with completing 2 years, 11 months, and 29 days of active duty service. 

3.  His DD Form 214 shows in:

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

* JSAM
* Army Achievement Medal 
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with "W" Bar

   b.  Item 14 (Military Education) Non-Communication Interceptor, 20 weeks, 1993.

4.  His record is void of a certificate or any other documentation showing he was awarded the NATO Medal or the UNM by the Secretary-General of the United Nations.

5.  The applicant provided:

   a.  A Certificate of Training that shows he successfully completed a 40-hour class in introduction to rappelling and mountaineering at the Cheju-Do Training Center, 19th Support Command, ROK from 12 to 19 July 1993.
   
   b.  A Certificate of Achievement that was presented to him for outstanding service to the United States as a National Systems Intelligence Analyst for Joint Special Operation Task Force 2, San Vito Air Station, Italy from 25 July to 
15 September 1994.
   
   c.  A JSAM Citation, with numerous typing errors, that indicated he was awarded the JSAM for the period 25 July to 15 September 1994, while assigned to the 741st Military Intelligence Battalion, 704th Military Intelligence Brigade, Operational Support Office.  The JSAM Certificate is dated 9 March 1995.  However, there are no orders accompanying the certificate and citation.
   
   d.  Permanent Orders Number 174-3, issued by Headquarters, United States Army Element, Allied Forces Southern Europe, dated  23 June 1995, awarded the applicant the JSAM for meritorious achievement for the period 29 March to
25 May 1995.  The citation stated that the applicant demonstrated superior leadership and outstanding technical expertise as a member of a multinational special intelligence unit providing near and real-time, tailored intelligence support to NATO forces involved in Joint Task Force Provide Promise and Operations Deny Flight and Sharp Guard.  The JSAM Certificate is dated 14 June 1995 with the citation listing the same period of service as the orders.
   
   e.  The Certificate of Appreciation was presented to the applicant in recognition of his professional contributions to NATO Commanders in support of Operations "Deny Flight" and "Sharp Guard" during the period 29 March to 
25 May 1995.

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


	a.  The JSAM is awarded to members of the Armed Forces of the United States below the grade of O-6 who, after 3 August 1983, distinguished themselves by meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

   b.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the JSAM.

	c.  The AFEM is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Qualifying service for this award does not include participation in UNPROFOR/NATO, Operations Deny Flight, Provide Promise or Sharp Guard.

	d.  The NATO Medal was authorized by the Secretary-General of the North Atlantic Treaty Organization 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.  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.

	e. The UNM is awarded in the name of the Secretary General of the United Nations to personnel in the service of the United Nations for a period of not less than six months with, in pertinent part, the United Nations Protection Force in Yugoslavia.  The UNM is awarded by the Secretary-General of the United Nations and is categorized as a non-U.S. service medal.  The certificate issued by the United Nations constitutes award of the UNM.  Participation in the operation does not automatically qualify the individual for the UNM, and the service member must have been presented the medal by a representative of the Secretary-General.

	f.  The regulation also states the Senior Representative of the Secretary-General who makes the award normally makes presentation of the UNM in the field.  Approval authority to accept and wear the UNM to a member of the Armed Forces of the United States is the Secretary of Defense.  When presentation is not so accomplished, any person who believes he or she is eligible for the award may submit a request to Commander, U.S. Army Human Resources Command (USAHRC), ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122 along with a copy of any substantiating documents.  USAHRC will forward each such request through the Office of Internal Administration, Office of the Assistant Secretary of State for International Organization Affairs, to the United Nations for consideration.

	g.  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 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  

	h.  The regulation further states award of the AFSM is authorized to U.S. military participants in Operations Provide Promise, Joint Endeavor, Able Sentry, Deny Flight, Maritime Monitor, and Sharp Guard from 20 November to 
19 December 1995.

   i.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

7.  Army Regulation 635-5 (Personnel Separations), in effect at the time, establishes standardized procedures for preparation and distribution of the 
DD Form 214.  The regulation states, in pertinent part, to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 in item 14 to include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.
DISCUSSION AND CONCLUSIONS:

1.  Permanent orders 174-3 awarded the applicant the JSAM for the period 
29 March to 25 May 1995.  It is presumed that JSAM certificate, dated 14 June 1995, and citation accompany these orders.  However, there are no orders and the applicant did not provide any for the citation for award of the JSAM for the period 25 July to 15 September 1994 or the certificate, dated 9 March 1995.  In the absence of orders verifying the second award of the JSAM, the presumption of regularity must be applied.  Therefore, there is no basis to correct his 
DD Form 214 to show the second award of the JSAM.

2.  Contrary to the applicant's belief, his participation in UNPROFOR/NATO, Operations Deny Flight, Provide Promise, and Sharp Guard do not qualify him for award of the AFEM.  Therefore, there is insufficient evidence to justify adding this award to his DD Form 214.

3. The applicant's record is void of any evidence and he has not provided any evidence showing he was awarded the NATO Medal or the UNM by the Secretary-General of the United Nations.  Therefore, he is not entitled to correction of his DD Form 214 to show these medals at this time.  However, that does not preclude the applicant from submitting a request to the Commander, USAHRC for consideration in accordance with the procedures mentioned in the Record of Proceedings. 

4.  The applicant's citation for award of the JSAM verifies he participated in Joint Task Force Provide Promise and Operations Deny Flight and Sharp Guard for the period 29 March to 25 May 1995.  However, as cited in the regulation, the period of qualifying service for award of the AFSM for the same operations was from 20 November to 19 December 1995 which is not consistent with the period the applicant served.  Therefore, he is not entitled to this award.

5.  The applicant's service in Korea from January 1993 to January 1994 entitles him to award of the KDSM and correction of his DD Form 214 to show this medal.

6.  The applicant completed a 1-week introduction class to rappelling and mountaineering in 1993.  This course is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this class. 





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 item 13 of his DD Form 214 the Korea Defense Service Medal; and

	b.  adding to item 14 of his DD Form 214 Introduction to Rappelling and Mountaineering, 1 week, 1993. 

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 JSAM (2nd Award), AFEM, NATO Medal, AFSM, and UNM.



      _______ _   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)                                         AR20130020714





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ABCMR Record of Proceedings (cont)                                         AR20130020714



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