IN THE CASE OF:	   

		BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140003998 


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 add the Legion of Merit, Armed Forces Service Medal, and the North Atlantic Treaty Organization (NATO) Medal.

2.  The applicant states he participated in Operation Joint Endeavor from 
22 December 1995 to 14 July 1996.  The awards he noted were not listed on his DD Form 214 prior to his retirement.  

3.  The applicant provides:

* a 1st endorsement, undated
* DA Form 200 (Transmittal Record), dated 12 December 1996
* DA Form 638 (Recommendation for Award), dated 27 August 1996

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 14 January 1977 and attained the rank of sergeant first class.  He was honorably discharged on 23 August 1990 and ordered to active duty as a warrant officer.  His DD Form 214 for this period, in part, shows the Noncommissioned Officer Professional Development Ribbon with Numeral 2.

3.  His Officer Record Brief (ORB) shows he had been assigned to:

* Germany from December 1980 to August 1983 
* Korea from April 1988 to June 1989 
* Saudi Arabia from 15 October 1990 to 8 April 1991 
* Germany from 14 July 1995 to 31 January 1997 

4.  He provided a DA Form 638, dated 29 August 1996, which shows Permanent Orders (PO) Number 318-18, issued by Headquarters, V Corps, Heidelberg, Germany, on 13 November 1996, awarded him the Legion of Merit.  This form also shows he deployed to Hungary in support of Task Force Eagle during Operation Joint Endeavor.  Additionally, his record contains the corresponding certificate for award of the Legion of Merit.

5.  He provided a 1st endorsement to Orders Number 95-425, issued by Headquarters, 205th Military Intelligence Brigade, Germany, dated 
20 December 1995, stating the applicant had been deployed in support of Operation Joint Endeavor from 22 December 1995 to 14 July 1996 and qualified for award of the Armed Forces Service Medal and the NATO Medal.

6.  He was honorably retired on 31 January 1997.  His DD Form 214 does not include the Legion of Merit, Armed Forces Service Medal, NATO Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, or the Korea Defense Service Medal.

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Armed Forces Service Medal 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.  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.  Operation Joint Endeavor was listed as a qualifying operation during the period of 20 November 1995 to 
19 December 1996.

	b.  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.

	c.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have 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.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Legion of Merit; therefore, he is entitled to correction of his DD Form 214 for the period ending on 31 January 1997 to add this award.

2.  His service in Hungary, from December 1995 to 14 July 1996, in support of Operation Joint Endeavor, qualifies him for award of the Armed Forces Service Medal and the NATO Medal and correction of his DD Form 214 for the period ending on 31 January 1997 to add these awards.

3.  His service in Korea qualifies for award of the Korea Defense Service Medal and correction of his DD Form 214 for the period ending on 31 January 1997 to show this award.

4.  His DD Form 214 for the period ending on 31 January 1997 did not list the Noncommissioned Officer Professional Development Ribbon with Numeral 2; therefore, he is entitled to correction of his DD Form 214 to show this award.





BOARD VOTE:

____x___  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 for the period ending on 31 January 1997 the:

* Legion of Merit
* Armed Forces Service Medal 
* NATO Medal
* Korea Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon with 
Numeral 2



      _______ _   _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)                                         AR20140003998





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ABCMR Record of Proceedings (cont)                                         AR20140003998



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