IN THE CASE OF: BOARD DATE: 30 July 2009 DOCKET NUMBER: AR20090004115 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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his award of the North Atlantic Treaty Organization (NATO) Medal. 2. The applicant states that at the time of his separation he had misplaced proof of his award of the NATO Medal for service with NATO on operations in relation to the former Republic of Yugoslavia. 3. The applicant provides a copy of a certificate awarding him the NATO Medal during the period of 6 February to 14 November 1996 and a copy of his DD Form 214. 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 enlisted in the Regular Army on 23 February 1994 for a period of 4 years and training as a personnel actions specialist. He completed his one-station unit training (OSUT) at Fort Jackson, South Carolina and was transferred to Germany on 7 July 1994. 3. He was advanced to the pay grade of E-4 on 1 September 1995 and on 6 February 1996, he was transferred to Bosnia on temporary duty (TDY). He departed Bosnia on 15 November 1996 and on 16 December 1996, he was transferred to Brooke Army Medical Center, Fort Sam Houston, Texas. 4. On 27 October 1997, he was honorably released from active duty (REFRAD) and was placed on the Temporary Disability Retired List (TDRL) with a 30% disability rating. He had served 3 years, 8 months and 5 days of total active service and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the Army Achievement Medal with three oak leaf clusters, the Good Conduct Medal, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Army Service Ribbon, the Overseas Service Ribbon and his marksmanship badges. 5. The NATO Medal was authorized by the Secretary General of the North Atlantic Treaty Organization for specific NATO operations. The Secretary of Defense may approve acceptance and wear by United States 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 in the former Republic of Yugoslavia from 1 July 1992 through a date to be determined. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his award of the NATO Medal should be added to his records has been noted and appears to have merit. 2. The copy of the certificate provided by the applicant which awarded him the NATO Medal coincides with his dates of assignment to Bosnia in the former Republic of Yugoslavia. 3. Accordingly, it would be in the interest of justice to add that award to his DD Form 214 at this time. BOARD VOTE: ___X___ ____X___ ___X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the NATO Medal to his DD Form 214. _______ _ _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) AR20090004115 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090004115 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1