PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           16 May 2000                  
	DOCKET NUMBER:   AR2000036353

	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.  

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Lester Echols		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his record reflect award of the Meritorious Service Medal (MSM), the National Defense Service Medal (NDSM), the Armed Forces Expeditionary Medal (AFEM), the Armed Forces Reserve Medal with ten-year (hourglass) and “M” device, the Overseas Service Ribbon (OSR), and the NATO medal.  

3.  The applicant states that his DD Form 214 should reflect the aforementioned awards.  He provides a biographical summary showing that he was the Operations Officer, Provost Marshal Office, with the National Support Element Headquarters, in Taszar, Hungary.   

4.  The applicant’s military records show that he enlisted in the Army Reserve for 8 years as a cadet on 30 August 1984, and was appointed a second lieutenant in the Army Reserve on 16 May 1986.  He served in the Arizona Army National Guard from 17 December 1987 until 12 January 1988, when he was transferred to the Army Reserve Control Group (Reinforcement) at St. Louis.

5.  He was ordered to active duty with a reporting date to Fort Benning, Georgia of 31 August 1997.  He was then reassigned to the 64th Replacement Company at Rhein Main Air Base in Germany, with further assignment to the 21st TAACOM in support of Operation Joint Guard.  He was designated for assignment as the MP operations officer with the National Support Element with duty at Taszar, Hungary. 

6.  The applicant was awarded the MSM for his outstanding service while assigned as the Operations Officer, Provost Marshal Office, of the National Support Element, in support of Operation Joint Guard.  His officer evaluation report for the period 31 August 1997 through 15 April 1998 also shows that he was the Operations Officer in the Provost Marshal Office for the aforementioned element.

7.  The applicant was released from active duty at Fort Benning on 12 May 1998. He had 8 months and 12 days of service.  His DD Form 214 shows service in Germany from 2 September 1997 to 1 October 1997, and service in an imminent danger area of Hungary from 1 October 1997 to 28 April 1998 (with duty in Bosnia, Croatia).  That form does not show the requested awards, with the exception of the award of the Armed Forces Reserve Medal with “M” device.

8.  Army Regulation 600-8-2 prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  The NDSM is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954; between 1 January 1961 and 14 August 1974; and 2 August 1990 and               30 November 1995.

9.  Paragraph 2-12 of the aforementioned regulation states that the Armed Forces Expeditionary Medal is authorized for U.S. military operations in designated areas during specific dates or time periods.  Personnel must be a bona fide member of a unit and engaged in the operation, and among other criteria, have served not less than 30 consecutive days in the area of operations, and be engaged in actual combat, or duty which is equally as hazardous as combat, regardless of time in the area.  Personnel must be recommended, or attached to a unit recommended for award of the medal.  MILPER message     99-100 implemented the National Defense Authorization Act for FY98 which provided for award of the AFEM for participation by service members in Operation Joint Guard.  That message stated that the AFEM is limited to only those participants in or those providing direct support who were deployed in the countries of Bosnia-Herzegovina and Croatia by official orders for 30 consecutive days or 60 nonconsecutive days. 

10.  The Overseas Service Ribbon was established on 10 April 1981 and may be awarded retroactively to soldiers who were credited with a normal overseas tour completion provided they were on active duty on or after 1 August 1981.  On     17 December 1996 the DCSPER authorized, as a one-time exception, award of short-tour credit for soldiers deployed TDY to Germany in direct support of Operation Joint Endeavor, and award of the OSR without regard to time served in Germany, as long as the overseas credit is not recognized with another U.S. service/campaign medal.  Information obtained from the PERSCOM awards branch on 3 May 2000 revealed that exception is the sole exception to award of the OSR.  Operation Joint Endeavor was officially terminated on                         19 December 1996.

11.  The Secretary of Defense approved the offer of the NATO medal made by the NATO Secretary General for operations relating to the Republic of Yugoslavia.  Qualifying periods of service are either 30 days in the territory of the former Republic of Yugoslavia or 90 days in the area of operations outside the former republic and the Adriatic Sea.  To be eligible for award of the NATO Medal, U.S. military personnel must have served under direct NATO command in various headquarters units or in other installations, and in direct support of NATO operations.

12.  The Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member or former member of one or more of the Reserve Components of the Armed Forces, for a period of 10 years.  Such years of service must have been performed within a period of 12 consecutive years.  For service after 1 July 1949, a minimum of 50 retirement points must be earned.  Service in a regular component of the Armed Forces is excluded.  The ten-year device is authorized for wear on the AFRM to denote each succeeding 10-year period.  

CONCLUSIONS:

1.  The applicant was awarded the MSM.  That award should be reflected on his DD Form 214.

2.  The applicant has not served on active duty (other than active duty for training) prior to 30 November 1995.  He is not entitled to award of the NDSM.

3.  Notwithstanding the information indicated in the applicant’s DD Form 214, there is no evidence that the applicant was deployed to Bosnia or Croatia.  The applicant himself, in his biographical summary, indicates that he was on active duty in Taszar, Hungary from August 1997 to May 1998.  The recommendation for award of the MSM indicates his service in Hungary, but makes no mention of deployment to, or service in, Bosnia or Croatia during his period of active duty.   The applicant is not entitled to award of the AFEM.

4.  The applicant was appointed as a second lieutenant in the Army Reserve in 1986.  He has been awarded the Armed Forces Reserve Medal for 10 years of honorable service in the Reserve components.  He is obviously not yet eligible for a ten-year (hourglass) device denoting a succeeding 10 years of service.  He is not entitled to a ten-year device to the AFRM.    

5.  The applicant apparently served a month in Germany prior to deployment to Hungary.  He did not complete a normal overseas tour, nor was there an exception made to award overseas credit for those solders who participated in Operation Joint Guard.  He is not entitled to award of the Overseas Service Ribbon.

6.  The applicant was assigned to a unit, the National Support Element.  There is no evidence that he met the necessary qualifications for award of the NATO Medal.  He is not entitled to that medal.   

7.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Meritorious Service Medal. 

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___aao__  ___le___  ___vbc__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000036353	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000516	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.  46	107.00	
2.		
3.		
4.		
5.		
6.