MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:         20 January 1999      
	DOCKET NUMBER:   AC98-10930
				    AR1999016651

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Robert W. Garrett		Member	
	Ms. Deborah S. Jacobs		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Award of the Purple Heart, Army Commendation Medal and North Atlantic Treaty Organization (NATO) Medal.

APPLICANT STATES:  That he participated in Operation Joint Endeavor from 
28 December 1995 until 9 February 1996 but never received the NATO Ribbon “or any other possible awards.”  He notes that his chain of command tried to assist him in obtaining a Purple Heart and Army Commendation Medal but because his unit was still deployed at the time of his medical discharge he never received any of the decorations.

EVIDENCE OF RECORD:  The applicant's military records show:

He entered active duty on 19 October 1993 and was assigned to Germany as a cavalry scout in April 1995.  The applicant deployed to Bosnia, with his unit (3rd of the 4th Cavalry), in January 1996 in support of Operation Joint Endeavor.  Orders deploying the unit indicate they would be deployed “for a period not to exceed 364 days.”  An undated statement from his commander to the local finance and accounting office in Germany indicated the applicant departed for Bosnia on 
1 January 1996 and was attached to Headquarters Troop, 1st Squadron, 4th Cavalry during his period of deployment.

On 8 February 1996 the applicant sustained multiple traumas when the humvee he was in “slid on ice and lost control….”  The vehicle flipped over and the applicant was pinned beneath the vehicle.  As a result of his injuries he was evacuated from Bosnia on 9 February 1996 and returned to Germany.

The applicant remained in Germany and was ultimately discharged by reason of disability.  He received disability severance pay.  His DD Form 214 reflects award of the Armed Forces Service Medal but does not reflect entitlement to the NATO Medal, nor award of the Purple Heart or Army Commendation Medal.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.  Specifically prohibited from award of the Purple Heart are those injuries sustained as a result of a vehicle accident not related to or caused by enemy action.

The Army Commendation Medal is a personal decoration, which required a recommendation, approval through the chain of command, and announcement in orders.

The Armed Forces Service Medal was established in January 1996 and awarded to members of the Armed Forces who participate as members of the U.S. Military Units, in a U.S. Military Operation that is deemed to be a significant activity and encounter no foreign armed opposition or imminent threat to hostile action.  To qualify for the award the service member must be a bona fide member of a unit participating for one or more days in the operation within the designated area of eligibility.  The Chairman of the Joint Chiefs of Staff approved award of the Armed Forces Service Medal to members of units that deployed to Bosnia in support of Operation Joint Endeavor December 1995 and December 1996.

The North Atlantic Treaty Organization Medal is categorized as a foreign/international service medal.  Awards are made by the NATO secretary general and require acceptance by the Secretary of Defense before it may be awarded to U.S. military forces.  In December 1995, the Secretary of Defense accepted the offer of the NATO Medal, made by the NATO Secretary General, for operations relating to the former Republic of Yugoslavia.  To be eligible for the award an individual must have served in a unit that was under direct NATO command for at least 30 days.  Units under direct NATO command were required to submit a list of eligible unit members to the local Allied Command Europe within 15 days of their arrival in the theater.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The evidence shows that the applicant’s injuries were the result of a vehicle accident and not the result of hostile action and as such he is not entitle to the Purple Heart.

2.  There is no evidence, and the applicant had not provided any, which confirms he was ever recommended for, or awarded the Army Commendation Medal.

3.  The applicant’s service in Bosnia, contrary to his contention, was recognized by award of the Armed Forces Service Medal.  There is no evidence his unit was under the direct command of NATO during its deployment and as such would not have been eligible for the NATO Medal.  The Board notes that the applicant remained in Europe for almost a year following his departure from Bosnia.  Had members of his unit been eligible for award the NATO Medal it is likely that his servicing personnel office would have been aware of that information and the award, like the Armed Forces Service Medal, would have been recorded on his separation document.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___js___  __rwg___  ___dsj_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.