IN THE CASE OF:  

		BOARD DATE:  28 July 2015	  

		DOCKET NUMBER:  AR20140020970 


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, in effect, requests reconsideration of his request for correction of his records to show award of the Meritorious Service Medal (MSM) and a second award of the North Atlantic Treaty Organization (NATO) Medal.  He also now requests award of the Armed Forces Service Medal (AFSM).

2.  The applicant states that the awards were not processed in a timely manner (i.e., prior to his retirement date).  A letter from the National Personnel Records Center (NPRC) informed him he was authorized the AFSM.

3.  The applicant provides the following:

   a.  previously considered documents:

* NATO Travel Order DR-256-0082(N), dated 13 September 2010
* DA Form 638 (Recommendation for Award), dated 31 March 2011
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

   b.  new documentary evidence:

* DD Form 363A (Certificate of Retirement), dated 1 September 2011
* ARPC Form 249-E (Chronological Statement of Retirement Points)
* extract of NPRC letter


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 AR20140007905 on 4 December 2014.

2.  A review of the applicant's military personnel records shows he served overseas, as follows:

* Southwest Asia from:

* 23 January 1991 through 13 June 1991
* 15 October 1994 through 17 November 1994
* 28 December 1997 through 5 May 1998

* Germany from 23 May 1999 through 15 November 1999
* Kosovo from 16 November 1999 through 1 June 2000
* Germany from 2 June 2000 through 11 January 2004
* Iraq from 12 February 2004 through 25 February 2005
* Germany from:

* 26 February 2005 through 6 September 2005
* 8 May 2008 through 7 August 2008

* Iraq from 8 August 2008 through 1 July 2009
* Germany from 2 July 2009 through 11 May 2010

3.  A DD Form 214 shows the applicant retired from active duty on 31 August 2011 after serving 20 years, 2 months, and 24 days of active service.  A review of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the NATO Medal.

4.  On 4 December 2014, the ABCMR approved the applicant's request that pertained to award of the MSM for the period 1 September 2001 to 31 August 2011.

   a.  A DD Form 215 (Correction to DD Form 214), issued on 28 January 2015, added the MSM to item 13 of the applicant's DD Form 214.  As such, the applicant's request for reconsideration of award of the MSM will not be discussed further in this Record of Proceedings.

   b.  The ABCMR denied so much on the applicant's request that pertained to a second award of the NATO Medal.

5.  U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Drum, NY, Orders DR-256-0082, dated 13 September 2010, as amended, ordered the applicant's deployment to Afghanistan in support of Operation Enduring Freedom with a departure date of 14 October 2010.

6.  U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Drum, NY, NATO Travel Order Number DR-256-0082(N), dated 13 September 2010, authorized travel from the United States (departing 
14 October 2010) to Afghanistan, Africa, the Balkans, Belgium, Bulgaria, Canada, Czech Republic, Denmark, Estonia, France, Germany, Greece, Hungary, Iceland, Iraq, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Turkey, the United Kingdom, and the United States with an expected date of return of 
13 October 2011.

7.  A review of the applicant's military personnel records failed to reveal evidence that he was authorized or awarded the AFSM or a second award of the NATO Medal.

8.  In support of his request for reconsideration the applicant now provides a one-page document that shows the NPRC authorized issuance of the AFSM medal set to the applicant.

9.  Army Regulation 600-8-105 (Military Orders) prescribes policies and mandated tasks governing military orders.  Chapter 4 (Personnel Reassignment), paragraph 4-9 (NATO travel orders), shows that NATO travel orders permit individual and units to pass from one NATO country to another without complying with the regulations of the receiving nation pertaining to passports, visas, and immigration inspections.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The AFSM 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.

	 	(1)  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.

	 	(2)  Table 2-5 (AFSM - Designated U.S. Military Operations) fails to show the applicant was deployed in direct support to an operation or the geographical location during a period authorized for award of AFSM.

	b.  The NATO Medal was authorized by the Secretary-General of NATO 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.

	 	(1)  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.
U.S. service members are authorized to retain the ribbon clasp presented, but may not wear the clasp.  For subsequent awards (if approved by the Secretary of Defense) for service in a different NATO operation, U.S. military personnel will affix a bronze service star to the NATO Medal suspension ribbon and service ribbon.

	 	(2)  In order to add the NATO Medal to a Solder's record the Soldier must have been issued a NATO certificate.

    	(3)  MILPER Message 11-200 updates the regulation in regard to eligible NATO operations.  Effective 1 January 2011, NATO Medals for NATO operations that ended over two years ago will no longer be processed or issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration for a second award of the NATO Medal and award of the AFSM was carefully considered.

2.  The evidence of record shows that NATO travel orders permit individuals to pass from one NATO country to another without complying with the regulations of the receiving nation pertaining to passports, visas, and immigration inspections.

   a.  The evidence of record shows that the NATO travel order the applicant provides in support of his request for reconsideration was previously considered. The NATO travel order was issued in conjunction with his deployment orders to Afghanistan in support of Operation Enduring Freedom.

   b.  There is no evidence of record that shows the applicant's deployment to Afghanistan in support of Operation Enduring Freedom was under NATO command or operational control in direct support of NATO operations.

   c.  There is no evidence of record that shows the applicant was awarded a second NATO Medal.

   d.  Therefore, there is no basis for granting the applicant's request.

3.  Notwithstanding the NPRC letter that shows the AFSM medal set was issued to the applicant, the evidence of record fails to show the applicant was deployed in direct support to an operation or in a geographical location during a period authorized for award of AFSM.  Therefore, there is an insufficient evidentiary basis for correcting his records to show award of the AFSM.

4.  Therefore, in view of all of the foregoing, there is no basis for granting the requested relief.

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 to amend the decision of the ABCMR set forth in Docket Number AR20140007905, dated 4 December 2014.




      ___________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)                                         AR20140020970



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