IN THE CASE OF:	  

		BOARD DATE:	  12 November 2014

		DOCKET NUMBER:  AR20140003907 


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 award of the North Atlantic Treaty Organization (NATO) Medal, Armed Forces Expeditionary Medal (AFEM), Army Commendation Medal (ARCOM), and four Army Achievement Medals (AAM's).

2.  The applicant states these awards were never listed on his DD Form 214.

3.  The applicant provides:

* NATO Medal Certificate
* four AAM Certificates
* Certificate of Achievement
* AFEM Certificate
* ARCOM Certificate
* DD Form 214

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 22 April 1994 and trained as a utility equipment repairer.

3.  He provided a NATO Certificate which shows he was awarded the NATO Medal for service with NATO in operations in relation to the former Republic of Yugoslavia during the period 16 January 1996 to 1 October 1996.

4.  He provided an AAM Certificate which shows Headquarters, 123rd Main Support Battalion, Permanent Order Number 249-2, dated 7 September 1996, awarded him the AAM for meritorious service for the period 3 November 1994 to 1 October 1996.

5.  He provided an AAM Certificate which shows Headquarters, 5th Battalion, 52nd Air Defense Artillery, Permanent Order Number 121-52, dated 30 April 1997, awarded him the AAM for meritorious achievement for the period 14 April 1997 to 27 April 1997.

6.  He provided an AAM Certificate which shows Headquarters, 5th Battalion, 52nd Air Defense Artillery, Permanent Order Number 170-09, dated 3 June 1997, also awarded him the AAM for meritorious achievement for the period 13 April 1997 to 27 April 1997.

7.  He provided an AAM Certificate which shows Headquarters, Task Force 5-52 Air Defense Artillery, Permanent Order Number 343-34, dated 10 December 1997, awarded him the AAM for meritorious achievement while deployed to Southwest Asia (SWA) for the period 1 September 1997 to 1 February 1998.

8.  He provided a Certificate of Achievement, dated 1 January 1998, for his exceptionally meritorious and distinguished service in support of Operation Desert Falcon in Saudi Arabia.

9.  He provided an AFEM Certificate, dated 1 January 1998, for his service in SWA from 1 September 1997 to 1 February 1998.

10.  He provided an ARCOM Certificate which shows Headquarters, 11th Air Defense Artillery Brigade, Permanent Order Number 122-8, dated 22 January 1998, awarded him the ARCOM for meritorious service while deployed to SWA for the period 1 November 1996 to 1 April 1998.

11.  On 21 April 1998, he was honorably released from active duty.

12.  His DD Form 214 does not show the NATO Medal, AFEM, AAM, or ARCOM as authorized awards.  Item 18 (Remarks) does not show any deployments.

13.  The Defense Manpower Data Center compiled the Gulf War Data Base.  This data base shows the applicant served in SWA from 1 October 1997 to 31 December 1997.

14.  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.  The regulation states operations related to the former Republic of Yugoslavia (14 November 1995 to a date to be determined) have been approved by the Secretary of Defense for acceptance and wear of the NATO Medal.

15.  Army Regulation 600-8-22 states the AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in SWA operations during the period 1 December 1995 to 18 March 2003.

16.  Army Regulation 600-8-22, paragraph 1-19, states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

17.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  The regulation stated that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" would be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's service in Bosnia from 16 January 1996 to 1 October 1996, he is authorized award of the NATO Medal and correction of item 18 of his DD Form 214 to show this deployment.

2.  Based on his service in SWA from 1 October 1997 to 31 December 1997, he is authorized award of the AFEM and correction of item 18 of his DD Form 214 to show this deployment.

3.  Permanent orders show he was awarded the ARCOM.  Therefore, his DD Form 214 should be corrected to show this medal.

4.  Permanent orders show he was awarded four AAMs, one for meritorious service and three for meritorious achievement.  Since two awards for meritorious achievement are for overlapping dates of service (13 April 1997 to 27 April 1997 and 14 April 1997 to 27 April 1997), one of the awards is not authorized in accordance with Army Regulation 600-8-22, paragraph 1-19.  Therefore, his DD Form 214 should be corrected to show award of the AAM (3rd Award).

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 award of the ARCOM, AAM (3rd Award), AFEM, and NATO Medal to his DD Form 214 and

	b.  adding the following entries to item 18 of his DD Form 214:

* SERVICE IN BOSNIA FROM 19960116-19961001
* SERVICE IN SOUTHWEST ASIA FROM 19971001-19971231

2.  The Board further determined 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 adding a fourth award of the AAM to his DD Form 214.



      _____________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)                                         AR20140003907



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ABCMR Record of Proceedings (cont)                                         AR20140003907



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