IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20160007132 BOARD VOTE: ____X_____ __X_____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20160007132 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 removing the NATO Medal Award Certificate, for the period 13 October 2011 to 12 April 2012, from his OMPF. _______________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. IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20160007132 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 correction of his official military personnel file (OMPF) by removing a second award of the North Atlantic Treaty Organization (NATO) Medal, given for the period 13 October 2011 to 12 April 2012. 2. The applicant states, in effect: * he already received the NATO Medal for service with the International Security Assistance Force (ISAF) in Afghanistan for the period 15 May to 15 June 2007 * Army Regulation (AR) 600-8-22 (Military Awards) states that where personnel, by nature of their duties or location, are eligible for the award of more than one NATO Medal during the same period, such personnel will only be awarded the medal for one campaign or operation * thus, based on the regulation, he is not authorized the second award, and requests its removal * he was pointed in this direction in Case Number 16243250, Interactive Personnel Electronic Records Management System * he is preparing his record for review by the promotion selection board for sergeant first class; he would like to have his record correctly reflect his awards 3. The applicant provides a copy of the NATO Medal Award Certificate for the period 13 October 2011 to 12 April 2012. 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 2 February 2005. He has continuously served through reenlistments and extensions, and is currently serving on active duty in the rank/grade of staff sergeant/E-6. 3. His OMPF contains the following documents: * NATO Medal Award Certificate, for the period 15 May to 15 June 2007, Non-Article 5 NATO Medal for service with NATO in relation to the ISAF Operation * NATO Medal Award Certificate, for the period 13 October 2011 to 12 April 2012, Non-Article 5 NATO Medal for service with NATO in relation to the ISAF Operation REFERENCES: 1. AR 600-8-22 states, with regard to the NATO Medal: a. The NATO Medal is awarded by the Secretary General of NATO to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations. b. The regulation lists nine operations that have been approved by the Secretary of Defense. Included is ISAF in Afghanistan for the period 12 June 2003 to a date to be determined. c. Where personnel, by the nature of their duties or location, are eligible for the award of more than one NATO Medal for the same period, such personnel will only be awarded the medal for one campaign or operation. 2. On the U.S. Army Human Resources Command (HRC) website, the NATO Medal Frequently Asked Questions webpage states subsequent awards of the NATO Medal are only authorized for service in different NATO operations. In the example given, the Soldier served with ISAF in Afghanistan for two separate deployments. 3. AR 600-8-104 (Army Military Human Resource Records Management) prescribes policies and procedures for the management of the OMPF. It states once a document has been properly filed, it will not be removed unless directed by authorities such as this Board. DISCUSSION: 1. The applicant requests removal of a second award of the NATO Medal because, he asserts, he is not eligible by regulation. 2. As he contends, the regulation permits only one NATO Medal per approved operation. He apparently received the second award in error. Additionally, HRC's webpage specifically addressed cases such as this, and clarified the NATO Medal could be awarded only once for deployment to Afghanistan in support of ISAF. 3. Based on the foregoing, it would be appropriate to remove the second NATO Medal, for the period 13 October 2011 to 12 April 2012, from his OMPF. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007132 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160007132 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2