IN THE CASE OF:	  

		BOARD DATE:	   9 July 2015 

		DOCKET NUMBER:  AR20140019967 


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 remove the North Atlantic Treaty Organization (NATO) Medal and to add the United Nations Medal (UNM) and Korea Defense Service Medal (KDSM).

2.  The applicant states:

	a.  that the NATO Medal was erroneously added to his DD Form 214;

	b.  he is authorized the UNM for his service in Somalia from October 1993 to March 1994; and

	c.  he served in Korea from 1995 to 1996, entitling him to award of the KDSM.

3.  The applicant provides a copy of his DD Form 214 and Human Resources Command Message Number 161627Z OCT 95.

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 30 August 1990.  He was trained in and awarded military occupational specialty 19K (M1 Armor Crewman).

3.  His DA Form 2-1 (Personnel Qualification Record) shows in item 5 (Oversea Service) that he served in the following foreign locations for the periods indicated:

* Germany - 4 January 1991 to 18 December 1992 (23 months)
* Somalia - 13 October 1993 to 20 March 1994 (5 months)
* Korea – 28 March 1995 to 27 March 1996 (12 months)

4.  His official military personnel file contains Headquarters, 1st Battalion, 64th Armored Regiment Memorandum, dated 28 September 1995.  It shows he was awarded the UNM and Armed Forces Expeditionary Medal (AFEM) for his service in Somalia from 31 October 1993 to 14 February 1994.

5.  On 2 January 1998, the applicant was honorably discharged from active duty by reason of completion of required service. His DD Form 214 shows he completed 7 years, 4 months, and 3 days of creditable active duty service.

6.  Item 13 of the applicant's DD Form 214 includes the NATO Medal and the AFEM.  It does not list the UNM or KDSM.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

	a.  Paragraph 2-20 states the KDSM is authorized 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 from 28 July 1954 to a date to be determined.  

	b.  Paragraph 9-10 states the United Nations Medal is awarded in the name of the Secretary-General of the United Nations to personnel in the service of the United Nations for a period of not less than 90 days with missions and operations that include the United Nations Operation in Somalia (to include U.S. Quick Reaction Force Members).  The United Nations Medal is awarded by the Secretary-General of the United Nations and is categorized as a non-U.S. service medal.  The certificate issued by the United Nations constitutes award of the United Nations Medal.  Participation in the operation does not automatically qualify the individual for the United Nations Medal, and the service member must have been presented the medal by a representative of the Secretary-General.

	c.  Paragraph 9-11 states 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.  U.S. military personnel who serve under NATO command or operational control in direct support of certain NATO operations may receive this medal.  Service with NATO in relation to the following operations has been approved for acceptance and wear 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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the NATO Medal should be removed from his DD Form 214 and the UNM and KDSM should be added.  There is sufficient evidence to support this claim

2.  The evidence of record fails to confirm the applicant participated in any designated NATO operations.  Therefore, his claim that the NATO Medal was erroneously added to his DD Form 214 and should be removed is confirmed.  

3.  The evidence of record includes a memorandum from the applicant's commander that confirms he was awarded the UNM.  In addition, his service in Korea from 28 March 1995 to 27 March 1996 authorizes him the KDSM.  

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 amending his DD Form 214 by:

* deleting the NATO Medal
* adding the United Nations Medal and the Korea Defense Service 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)                                         AR20140019967





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ABCMR Record of Proceedings (cont)                                         AR20140019967



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