MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 July 2002
	DOCKET NUMBER:   AR2002071157

	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. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Arthur O. Omartian		Member	
	Mr. Raymond J. Wagner		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:  In effect, that the Armed Forces Expeditionary Medal (AFEM), National Defense Service Medal (NDSM), and North Atlantic Treaty Organization (NATO) Medal be added to his records.   

APPLICANT STATES:  In effect, that he is entitled to these awards.

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

The applicant’s military records show that he served in the Regular Army on active duty for 5 years, from 7 August 1996 through 6 August 2001.  He was trained and served in military occupational specialty 95B (Military Policeman) and served at Fort Riley, Kansas, for his entire time on active duty. 

The applicant’s Personnel Qualification Record (DA Form 2-1) gives no indication that the applicant ever served overseas.  Item 5 (Overseas Service) is blank, which indicates he never served overseas during his tenure on active duty. Item 6 (Awards, Decorations and Campaigns) shows that he earned the Army Service Ribbon, Drivers Badge with Wheel Bar, and Army Good Conduct Medal. The NDSM, NATO Medal, and AFEM are not included in this list of awards.  

On 6 August 2001, the applicant was released from active duty (REFRAD).  Item 12f of the separation document (DD Form 214) issued to and authenticated by him with his signature at this time, indicates that he completed no foreign service during his tenure on active duty.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) lists the following awards he earned while he was serving on active duty:  Driver Badge with Wheel; Army Lapel Button; Army Good Conduct Medal; and Army Service Ribbon.  The AFEM, NDSM, and NATO Medal are not included in this list of awards.  

Army Regulation 600-8-22 (Military Awards) prescribes the Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-10 contains guidance on awarding the NDSM.  It states, in pertinent part, that there are four inclusive qualifying periods for award of the NDSM as follows:  
27 June 1950 to 27 July 1954; 1 January 1961 to 14 August 1974; 2 August 1990 to 30 November 1995; and on or after 11 September 2001 to a date to be determined. 

Paragraph 2-12 contains guidance on awarding the AFEM.  It states that it is authorized for U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations for defined area of operations.  Between the period 7 August 1996 and 6 August 2001, the AFEM was authorized for operations in the former Republic of Yugoslavia and Southwest Asia.
The NATO Medal is an international decoration.  As such, the Secretary of Defense must authorize acceptance and wear of the medal.  NATO award eligibility criteria for U.S. military operations authorized the NATO Medal are announced Army-wide in MILPER messages.  Between the period 7 August 1996 and 6 August 2001, the NATO Medal was authorized for operations in the former Republic of Yugoslavia and Kosovo.  

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 Board notes the applicant’s contention that he is entitled to the NDSM, AFEM, and NATO Medal, which all should be added to his record.  However, by regulation, there are four qualifying periods that entitle members to receive the NDSM.  The last qualifying period began on 11 September 2001, and the previous qualifying period was from 2 August 1990 to 30 November 1995.  

2.  The evidence of record confirms that the applicant served on active duty from 
7 August 1996 through 6 August 2001, and was not serving on active duty during a period in which the NDSM was authorized.  Therefore, the Board concludes there is no evidentiary basis to support adding it to his record at this time. 

3.  The AFEM and NATO Medal are authorized for specific operations, areas, and periods.  While they were authorized for operations conducted during his tenure on active duty, there is no evidence to show that the applicant ever served in any of the areas or in support of any of the operations indicated.  Lacking independent evidence to the contrary, the Board finds insufficient evidence to support this requested relief. 

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 this 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

__KAK__  __AOA__  __RJW__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002071157	
SUFFIX		
RECON		
DATE BOARDED	2002/07/02	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	2001/08/07	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.		
3.		
4.		
5.		
6.