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ARMY | BCMR | CY2014 | 20140019164
Original file (20140019164.txt) Auto-classification: Approved

		IN THE CASE OF:	   

		BOARD DATE:	  20 November 2014

		DOCKET NUMBER:  AR20140019164 


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 submitted two applications for correction of his DD Forms 214 (Certificate of Release or Discharge from Active Duty), ending on 11 May 2001 and on 10 September 2004.  For clarity, each DD Form 214 will be considered in separate Record of Proceedings.  In this application:

a. he requests reconsideration of his earlier request for correction of his 
DD Form 214, ending on 10 September 2004, to show the North Atlantic Treaty Organization (NATO) Medal (4th Award) vice (2nd Award); and

	b.  as a new issue, he requests correction of his DD Form 214, ending on       10 September 2004 to show the Afghanistan Campaign Medal with bronze service star, Expert Marksmanship Qualification Badge with Machine Gun Bar (M-240), and Joint Meritorious Unit Award.

2.  The applicant states:

* in the previous consideration, the Board erroneously listed three awards of the NATO Medal; he has four awards, the U.S. Army Human Resources Command (HRC) letter shows four awards
* he was awarded the Afghanistan Campaign Medal and the Global War on Terrorism Expeditionary Medal after he explained his travels and assignments to HRC
* he was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-240) and the HRC letter shows it
* HRC awarded his unit the Joint Meritorious Unit Commendation after he explained the unit information to HRC
* he now has two DD Forms 215 (Correction to DD Form 214) for his 2004 DD Form 214; he just wants his records corrected

3.  The applicant provides:

* Army Board for Correction of Military Records (ABCMR) Docket Number AR20130012490, dated 18 February 2014
* ABCMR Docket Number AR2002068237, dated 28 February 2002
* DD Form 214, ending on 10 September 2004
* DD Forms 215, dated 13 March 2013, and 4 April 2013
* DA Form 2-1 (Personnel Qualification Record)
* Four certificates for award of the NATO Medal
* Letter from HRC
* Letter from the National Personnel Records Center
* Certificate and orders for the Bronze Star Medal
* Certificate for the Purple Heart
* Certificate and orders for the Meritorious Service Medal
* Certificate and orders for the Army Commendation Medal
* Multiple awards memoranda/request and/or certificates of training for the:

* Army Reserve Components Achievement Medal 
* Overseas Service Ribbon (Afghanistan)
* Overseas Service Ribbon 
* Afghanistan Campaign Medal with bronze service star
* Joint Meritorious Unit Award
* Army Reserve Components Overseas Training Ribbon
* Combat Infantryman Badge
* Certificate and orders for the Pathfinder Course
* Air Assault Badge with a certificate and a DA Form 1059 (Service School Academic Evaluation Report)
* Award of Additional Skill Identifier (ASI) 5Q (Pathfinder)
* Award of Area of Concentration (AOC) 11A (Infantry) with ASI 2B (Air Assault)
* Statement of Wartime Service

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130016127, dated 21 March 2013, and ABCMR Docket Number AR20130012490, dated 18 February 2014. 

2.  The applicant provides the documents shown above and a new argument.  This is considered new evidence and warrants consideration by the Board.

3.  Having had prior enlisted service, the applicant was appointed as a Reserve commissioned officer of the Oklahoma Army National Guard (OKARNG) on 
31 July 1993.  He served in a variety of assignments in the OKARNG and he was promoted to first lieutenant (1LT) on 30 July 1996.  

4.  He was ordered to active duty on 15 August 2000 in support of Operation Joint Forge.  He served in Bosnia from 9 September 2000 to 27 March 2001.  He was honorably released from active in the rank of 1LT on 11 May 2001.  His 
DD Form 214 shows his specialty as 11A (Infantry), one of his awards is the NATO Medal, and his deployment to Bosnia. 

5.  He was promoted to CPT on 19 July 2001.  

6.  He entered active duty on 19 September 2003 and subsequently served in Afghanistan in support of Operation Enduring Freedom from 14 November 2003 to 2 August 2004, a period of 8 months and 19 days.  He was assigned to Headquarters and Headquarters Company, 1st Battalion, 279th Infantry. 

7.  He was honorably released from active duty on 10 September 2004.  His DD Form 214 for this period shows in:

* Item 11 (Primary Specialty), 11A5Q, Infantry
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the -

* Bronze Star Medal
* Meritorious Service Medal
* Army Commendation Medal (4th Award)
* Army Achievement Medal (2nd Award)
* Army Reserve Components Achievement Medal (4th Award)
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Armed Forces Expeditionary Medal
* Armed Forces Reserve Medal
* NCO Professional Development Ribbon
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Pistol Bar
* Combat Infantryman Badge
* Pathfinder Badge
* Air Assault Badge
* Driver and Mechanic Badge with Driver Bar
* Overseas Service Ribbon (2nd Award)
* NATO Medal
* Armed Forces Reserve Medal with "M" Device (2nd Award)

8.  He was transferred to the Retired Reserve on 1 December 2010.

9.  On 13 March 2014, he was issued a DD Form 215 that amended his 
DD Form 214, for the period ending 10 September 2004, as follows: 

* deleting the NATO Medal, Army Achievement Medal (2nd Award), and Driver and Mechanic Badge with Driver Bar
* adding the NATO Medal (2nd Award), Army Achievement Medal (4th Award), and Driver and Mechanic Badge with Driver-W Bar

10.  On 4 April 2013, he was issued a second DD Form 215 that amended his DD Form 214 for the period ending 10 September 2004, as follows: 

* deleting the Meritorious Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and Expert Marksmanship Qualification Badge with Pistol Bar
* adding to his DD Form 214 the:

* Purple Heart
* Meritorious Service Medal (2nd Award)
* Humanitarian Service Medal
* Army Reserve Components Overseas Training Ribbon
* Armed Forces Service Medal
* Overseas Service Ribbon with Numeral "2"
* Military Outstanding Volunteer Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-4)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Expert Marksmanship Qualification Badge with Pistol Bar (9 mm)
* Expert Marksmanship Qualification Badge with Squad Automatic Weapon Bar (M-249)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with TOW Gunner Missile Bar

11.  He provides four certificates pertaining to the NATO Medal as follows: 

	a.  NATO Medal certificate for service with NATO on operations as a member of C Company, 1st Battalion, 179th Infantry, Task Force Eagle, Operation Joint Forge, Bosnia-Herzegovina, in relation to the Former Republic of Yugoslavia, from 26 September 2000 to 26 March 2001. 

	b.  NATO Medal certificate for service with NATO on operations as a member of C Company, 1st Battalion, 179th Infantry, Task Force Eagle, in relation to Kosovo, from 1 January to 28 February 2001. 

	c.  NATO Medal certificate for service with NATO on operations as a member of Task Force Eagle in relation to the Balkans Operation, from 17 July to 5 September 2003. 

	d.  NATO Medal certificate for service with NATO on operations as a member of HHC, 1st Battalion, 279th Infantry, Coalition Joint Task Force Phoenix, in relation to the International Security Assistance Force (ISAF) - Afghanistan, from 15 November 2003 to 2 August 2004. 

12.  He also provides the following documents, including: 

	a.  DA Form 2-1, dated 1 May 2011, listing the Afghanistan Campaign Medal with one bronze service star, the NATO Medal (4th Award), Joint Meritorious Unit Award, and Expert Marksmanship Qualification Badge with Machine Gun Bar (M240) (he qualified on 10 October 2003).

	b.  A letter, dated 18 April 2013, from HRC verifying his entitlement to multiple awards, including the NATO Medal (4th Award) and Expert Marksmanship Qualification Badge with Machine Gun Bar (M-240).

	c.  A letter, dated 12 June 2013, from the National Personnel Records Center authorizing him shipment of multiple awards, including the Joint Meritorious Unit Award, Expert Marksmanship Qualification Badge with Machine Gun Bar 
(M-240), and Afghanistan Campaign Medal with one bronze service star.

	d.  A memorandum, dated 8 March 2005, issued by the Joint Staff to Headquarters, U.S. Marine Corps, approving award of the Joint Meritorious Unit Commendation to the Office of Military Cooperation - Afghanistan for meritorious achievement from 1 October 2003 to 31 December 2004.  Personnel must be assigned and/or attached by official orders to the joint unit or task force receiving the joint award.  

13.  Army Regulation 600-8-22 (Military awards) states: 

	a.  The Afghanistan Campaign Medal is authorized to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  

	b.  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.  The following missions/operations have been approved by the Secretary of Defense, for acceptance and wear.  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 above NATO operations.  A bronze service star affixed to the NATO Medal suspension ribbon and service ribbon indicates additional or subsequent awards of the NATO Medal:

* 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)

	c.  Basic marksmanship qualification badges are authorized and awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  For example, the Expert Marksmanship Qualification Badge with Rifle Bar, or Sharpshooter Marksmanship Qualification Badge with Pistol Bar, or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.  



DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded four awards of the NATO Medal.  His DD Form 214, ending on 10 September 2004, only listed one award and his DD Form 215, dated 13 March 2013, listed two awards.  He should be entitled to correction of his DD Form 214, as recommended below, to show four (vice two) awards of the NATO Medal.

2.  The applicant was awarded the Afghanistan Campaign Medal with bronze service star, Expert Marksmanship Qualification Badge with Machine Gun Bar (M-240), and Joint Meritorious Unit Award.  Therefore, his DD Form 214, ending on 10 September 2004, should be corrected to show these awards.

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 amendment of the ABCMR's decisions in Docket Number AR20130016127, dated 21 March 2013, and ABCMR Docket Number AR20130012490, dated 18 February 2014.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* issuing him a new DD Form 214 that shows the corrected items on the 
DD Forms 215 dated 13 March 2014 and 4 April 2013 and the:

* NATO Medal (4th Award)
* Afghanistan Campaign Medal with bronze service star






* Expert Marksmanship Qualification Badge with Machine Gun Bar      (M-240)
* Joint Meritorious Unit Award



      ___________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)                                         AR20140019164



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20140019164



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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