-
IN THE CASE OF:
BOARD DATE: 23 July 2015
DOCKET NUMBER: AR20140021299
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 record to show the North Atlantic Treaty Organization (NATO) Medal.
2. The applicant states that he participated in the Bosnia Campaign from December 1995 to April 1996 and believes he is entitled to the award of the NATO Medal for that service.
3. The applicant provides a copy of his previous record of proceedings from the Board.
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 was serving on active duty in the Regular Army in the pay grade of E-7 when he deployed to Bosnia-Herzegovina in support of Operation Joint Endeavor from 14 December 1995 through 16 March 1996.
3. On 31 July 1997, he was retired by reason of length of service. He had served 20 years and 9 days of active service and was awarded the
* Army Achievement Medal (4th Award)
* Meritorious Service Medal
* Army Commendation Medal (2d Award)
* Joint Service Achievement Medal
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon with
Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon (3d Award)
4. The applicant applied to this Board requesting that he be awarded the appropriate decorations for his service in Bosnia and on 24 March 2011, the Board awarded him the Armed Forces Expeditionary Medal (AFEM) in Record of Proceedings AR20100023088.
5. Army Regulation 600-8-22 states 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).
6. Army Regulation 600-8-22 states 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. 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. Soldier must have been issued a certificate to have the NATO Medal added to their records.
7. Army Regulation 600-8-22 also provides that effective 1 January 2011 the following NATO Medals for previous NATO operations that ended over two years ago will no longer be processed or issued:
* Former Yugoslavia
* Former Yugoslav Republic of Macedonia (FYROM)
* Kosovo
* Pakistan Earthquake Relief
* Eagle Assist
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be awarded the NATO Medal for his participation in Bosnia-Herzegovina in support of Operation Joint Endeavor from 14 December 1995 through 16 March 1996 has been noted and appears to lack merit.
2. In order to have the NATO Medal added to an individuals records, the individual must be issued a NATO Medal and Certificate 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.
3. The applicants records do not contain and the applicant has not provided a certificate indicating that he was awarded the NATO Medal.
4. Accordingly, there appears to be no basis for granting his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ __X______ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20100023088
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140021299
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110023176
Application for correction of military records (with supporting documents provided, if any). The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by documenting his deployed service in Bosnia and adding the awards he received for this service. 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 adding: a. in item 13 the Armed Forces...
ARMY | BCMR | CY2014 | 20140002636
The applicant provides a two-page letter explaining his application and copies of his DD Form 214, Military Personnel (MILPER) Message #99-157, MILPER Message #00-180, Certificate awarding him the NATO Medal, orders deploying his unit to Bosnia-Herzegovina in support of Task Force Eagle (Operation Joint Guard Follow on Force), a DA Form 4187 requesting award of the AFEM to the 401st Military Police Company, and the deployment orders for that unit. Acceptance of the NATO Medal has been...
ARMY | BCMR | CY2010 | 20100027018
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show, in effect, award of the Armed Forces Service Medal (AFSM) and the Army Achievement Medal (AAM). Army Regulation 600-8-22 provides, in pertinent part, for award of the Armed Forces Expeditionary Medal (AFEM) for qualifying service after 1 July 1958 in U.S. military operations, U.S....
ARMY | BCMR | CY2012 | 20120004647
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her deployment to Bosnia. As a related issue, the evidence shows she completed a qualifying period of service for award of the National Defense Service Medal; therefore, she is entitled to correction of her records to show this award. The record shows she was authorized the wear/awarded the NATO Medal and Armed Forces Service Medal which are not shown on her DD Form 214.
ARMY | BCMR | CY2002 | 2002072166C070403
However, evidence of record shows the applicant was awarded two awards of the NATO Medal for service in the former Yugoslavia and in Kosovo. Therefore, the applicant is entitled to award of the Kosovo Campaign Medal and correction of his discharge document to show this medal. one bronze service star, the Kosovo Campaign Medal and the Humanitarian Service Medal.
ARMY | BCMR | CY2010 | 20100011147
Army Regulation 600-8-22 states that 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. Therefore, in the absence of a NATO Certificate or sufficient evidence to show that he was, in fact, presented with a NATO Medal, there appears to be no basis to grant his request at this time. Therefore, the Board determined that the overall merits of this case are insufficient as...
ARMY | BCMR | CY2007 | 20070009127C080213
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 November 2007 DOCKET NUMBER: AR20070009127 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add the Army Achievement Medal, the North Atlantic Treaty Organization (NATO) Medal, the Armed Forces...
ARMY | BCMR | CY2013 | 20130008380
The applicant states that while stationed in Germany, he served in direct support of Operation Task Force Hawk. e. 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. While there is no doubt that the applicant provided support to the operations in question, in both cases the awards of the Kosovo Campaign Medal and NATO Medal require individuals to actually be in the...
ARMY | BCMR | CY2009 | 20090001732
The applicant requests correction of his records to show all awards and decorations that he is entitled to receive as a result of his service in Bosnia from 7 January to 8 April 1996 in support of Operation Joint Endeavor. The evidence of record shows the applicant served in Bosnia from 7 January to 8 April 1996 in support of Operation Joint Endeavor which is a designated NATO operation or mission that was approved by the Secretary of Defense for acceptance and wear of the NATO Medal. The...
ARMY | BCMR | CY2014 | 20140003412
The applicant requests that the Kosovo Campaign Medal (KCM) and the Armed Forces Expeditionary Medal (AFEM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). Records available to the Board indicate the applicant was an MIARNG Soldier serving in pay grade E-5 at the time he was ordered to active duty on 31 December 1996 in support of Operation Joint Guard. The evidence available to the Board confirms the applicant deployed to Hungary for a period of 6...