IN THE CASE OF:	  

		BOARD DATE:	  12 May 2015

		DOCKET NUMBER:  AR20140015709 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Legion of Merit (LOM), Army Achievement Medal (AAM), Armed Forces Service Medal (AFSM), Overseas Service Ribbon (OSR), North Atlantic Treaty Organization (NATO) Medal, and any other awards to which he may be entitled.

2.  The applicant states the Legion of Merit was presented after his retirement.

3.  The applicant provides:

* DD Form 214 for the period ending 11 April 2006 
* Joint Meritorious Unit Award (JMUA) Citation, dated 24 October 2000
* a memorandum of eligibility for the JMUA, dated 14 February 2000
* Legion of Merit Certificate, dated 14 November 2006
* Officer Record Brief (ORB), dated 17 November 2005
* a letter from the National Personnel Records Center (NPRC), dated        27 May 2014

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.  After having previous enlisted service, the applicant was appointed as Reserve commissioned officer of the Army on 13 May 1984.  He served in a variety of assignments and attained the rank of major (MAJ).

3.  His ORB shows:

	a.  He served in the Republic of Korea from on or around 2 November 1992 to 1 October 1993 and was credited with a 12-month short tour.

	b.  He served in Saudi Arabia (Southwest Asia) from on or about 1 October 1990 to 1 April 1991 and was credited with an 8-month short tour.

	c.  He was awarded or authorized the:

* Defense Meritorious Service Medal
* Meritorious Service Medal (2nd Award)
* Army Commendation Medal (4th Award)
* Joint Service Achievement Medal
* AAM (5th Award)
* Army Good Conduct Medal
* Army Reserve Component Achievement Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Southwest Asia Service Medal with 2 bronze service stars
* Global War on Terrorism Service Medal 
* Korea Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon (NCOPDR) with Numeral 2
* Army Service Ribbon
* OSR
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Master Parachutist Badge
* Ranger Tab
4.  His record contains the following documents that address his entitlement to the AAM:

	a.  An AAM Certificate, dated 7 March 1986, announced his award of the AAM for service during the period 30 May 1983 through 1 March 1986.
 
	b.  Permanent Orders Number 29-30, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, on 22 February 1988, announced his award of the AAM (2nd Award) for meritorious achievement during the period 3 December 1987 through 14 January 1988.

	c.  Permanent Orders Number 176-31, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, on 26 September 1988, announced his award of the AAM (3rd Award) for meritorious achievement during the period 6 June 1988 through 23 June 1988.

	d.  An AAM Certificate showing Permanent Orders Number 25-8, dated 
7 September 1993, announced his award of the AAM for achievement on 
8 September 1993.  It appears this is his 4th award of the AAM.

5.  He provided a letter of eligibility, issued by the U.S. Army Office of Military Support, Washington, DC, dated 14 February 2000, which shows he was authorized to permanently retain and wear the JMUA.

6.  His record contains a Legion of Merit Certificate, dated 14 November 2006, showing Permanent Orders Number 345-3, issued by the U.S. Army Medical Command, Fort Sam Houston, TX, on 11 December 2006, awarded him the Legion of Merit for the period 1 March 1996 to 30 April 2006.

7.  He was honorably retired on 11 April 2006.  His DD Form 214 shows he was awarded or authorized the:

* Defense Meritorious Service Medal
* Meritorious Service Medal (2nd Award)
* Army Commendation Medal (4th Award)
* Joint Service Achievement Medal
* AAM (5th Award)
* Army Good Conduct Medal
* Army Reserve Components Achievement Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Southwest Asia Service Medal with 3 bronze service stars
* Global War on Terrorism Service Medal 
* Korea Defense Service Medal
* NCOPDR with Numeral 2
* Army Service Ribbon
* OSR (2nd Award)
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Master Parachutist Badge
* Ranger Tab

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

	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 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

	b.  The North Atlantic Treaty Organization (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.  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) International Security Assistance Force (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). 
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to add the LOM, AAM, AFSM, OSR, NATO Medal, and any other awards to which he may be entitled, was carefully considered.

2.  Permanent Orders awarded him the LOM, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to add this award.

3.  He provided a letter showing he was authorized to permanently retain the JMUA.  This unit award is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to add this unit award.

4.  His record contains four sets of orders or award certificates that show he was awarded the AAM, and his DD Form 214 shows he was awarded the AAM (5th Award).  He indicated that his DD Form 214 should be corrected to show the AAM, but he did not specify whether he meant that the award was missing from his DD Form 214, whether his DD Form 214 listed fewer awards than he received, or whether his DD Form 214 listed more than he received.  As such, there is insufficient evidence to justify making any corrections with regard to the number of AAMs listed on his DD Form 214.

5.  The AFSM is awarded to Soldiers who participate in military campaigns or operations after 1 June 1992, for which no other U.S. campaign medal is or was approved.  His record shows he twice served overseas.  The first was to Korea, for which he received the Korea Defense Service Medal, and the second was to Kuwait, for which he received the Southwest Asia Service Medal with three bronze service stars (the service stars indicate the number of campaigns he participated in during the operation he supported).

6.  His record does not contain and he has not provided evidence that shows he participated in a campaign or operation that did not already have a campaign medal authorized.  As such, there is insufficient evidence to justify granting this portion of the requested relief. 

7.  His record shows he completed two overseas short tours and his 
DD Form 214 reflects two OSRs, one for each tour.  He indicated that his         DD Form 214 should be corrected to show the OSR, but he did not specify whether he meant that the award was missing from his DD Form 214 or whether his DD Form 214 listed too few or too many awards of the OSR.  As such, there is insufficient evidence to justify making any corrections with regard to the number of OSRs listed on his DD Form 214.
8.  His record does not contain any evidence and he has not provided evidence that shows he was awarded the NATO Medal by the Secretary-General of NATO, or that shows he participated in any of the missions or operations approved by the Secretary of Defense for acceptance and wear of the NATO Medal.  As such, there is insufficient evidence to justify granting the portion of his request pertaining to the NATO Medal.

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 his DD Form 214 the Legion of Merit and the Joint Meritorious Unit Award.

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 adding to his DD Form 214 the Armed Forces Service Medal, the Overseas Service Ribbon, or the NATO Medal.



      _______ _   _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)                                         AR20140015709





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ABCMR Record of Proceedings (cont)                                         AR20140015709



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