IN THE CASE OF:  	  

		BOARD DATE:  14 May 2015	  

		DOCKET NUMBER:  AR20140016059 


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 from 214 (Report of Separation from the Armed Forces of the United States) to add the North Atlantic Treaty Organization (NATO) Medal.

2.  The applicant states, in effect, he was assigned to the Company B, 124th Armored Ordnance/Maintenance Battalion (AOMB).  His commander informed the unit that they were entitled to the NATO Medal for being stationed in Germany and part of NATO.

3.  The applicant provides:

* a letter from the Office of Veterans Services, Wilbraham, Massachusetts,  dated 4 September 2014
* a document extract that certifies his Korean War era service
* his 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's complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  His available records show he was inducted into the Army of the United States on 5 January 1951 and entered active duty that same day.  He held military occupational specialty 1966 (Automotive or Tracked Vehicle Repairer) and he attained the rank of corporal.  

4.  He was honorably released from active duty on 3 December 1952 and transferred to the Enlisted Reserve Component.  His DD Form 214 shows:

* he completed 1 year, 10 months, and 29 days of net service 
* he was credited with 1 year, 4 months, and 21 days of foreign service
* he served with Company B, 124th AOMB in Germany
* he was awarded the Army of Occupation Medal (Germany)

5.  He provided a letter issued by the Office of Veterans Service, Wilbraham, Massachusetts, dated 4 September 2014, wherein the veterans' agent stated the applicant explained that at some time during his tour the company commander informed the unit that since General Eisenhower took command of NATO, they were entitled to wear the NATO Medal.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II and the Korean War.  This register does not contain any evidence to show his unit was awarded the NATO Medal.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards and states, in pertinent part, that the NATO Medal is awarded by the Secretary-General of NATO, to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations.  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 the NATO operations noted below.  The NATO Medal will normally be presented by the Allied Command Europe headquarters exercising operational command or control over U.S. military units or individuals prior to their departure from service with NATO.  The following missions/operations have been approved by the Secretary of Defense, for acceptance and wear:

* Operations related to the former Republic of Yugoslavia (14 November 1995 to a date to be determined)
* Operations related to Kosovo (13 October 1998 to a date to be determined)
* Operation Eagle Assist (12 October 2001 to 16 May 2002)
* Operation Active Endeavor (26 October 2001 to a date to be determined)
* International Security Assistance Force in Afghanistan (1 June 2003 to a date to be determined)
* Operations in the Balkans (1 January 2003 to a date to be determined).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's sincerity with respect to the NATO Medal is not in question, nor is the fact that NATO troops were supporting military missions at the time of his service.  

2.  The earliest known operations to qualify for award of the NATO Medal were operations related to the former Republic of Yugoslavia beginning on 14 November 1995.  Unfortunately, military operations at the time of his service did not qualify for award of the NATO Medal.  Consequently, there is insufficient evidence to grant the requested relief.  

3.  The applicant and all others should know that the sacrifices he made in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20140016059



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ABCMR Record of Proceedings (cont)                                         AR20140016059



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