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ARMY | BCMR | CY2002 | 2002068934C070402
Original file (2002068934C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 July 2002
         DOCKET NUMBER: AR2002068934


         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
Ms. Beverly A. Young Analyst


The following members, a quorum, were present:

Ms. Jennifer L. Prater Chairperson
Mr. Hubert O. Fry Member
Ms. Gail J. Wire 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal (ARCOM), the North Atlantic Treaty Organization (NATO) Medal for service in Bosnia, the Armed Forces Expeditionary Medal (AFEM) for service in Bosnia, the NATO Medal for service in Kosovo, and the Kosovo Campaign Medal.

3. The applicant states that he tried to get his records updated while he was still in the service. He claims that he has proof indicating where he was assigned when these awards were authorized. In support of his application he submits a copy of his DD Form 214; temporary duty orders assigning him to Bosnia; a Certificate of Participation; two award certificates for the NATO Medal and the ARCOM; a DA Form 638 (Recommendation for Award); and three messages authorizing the Kosovo Campaign Medal, the AFEM, and the NATO Medal for Kosovo.

4. The applicant’s military records show that he enlisted in the Regular Army on 22 January 1998. He successfully completed basic and advanced individual training and was awarded an infantry military occupational specialty. He served in Korea and was honorably released from active duty on 21 January 2002 in the rank of specialist.

5. The applicant's DD Form 214 does not show the ARCOM, the NATO Medal for service in Bosnia, the AFEM for service in Bosnia, the NATO Medal for service in Kosovo, or the Kosovo Campaign Medal as authorized awards.

6. The applicant provided a copy of an award certificate which shows he was awarded the ARCOM for meritorious service during the period 22 January 1998 to 5 November 2001 by 1st Brigade, 2nd Infantry Division Permanent Order Number 278-07, dated 5 October 2001.

7. The applicant also provided an award certificate which shows he was awarded the NATO Medal for service in support of Operation Joint Forge in the former Republic of Yugoslavia during the period 3 March 1999 to 20 September 1999.

8. The applicant submitted a copy of 1st Cavalry Division Permanent Orders Number 036-01, dated 9 February 1999, which shows he was deployed to Bosnia-Herzegovina in support of Operation Joint Forge with an effective date of on or about 22 February 1999.

9. There is no evidence available to the Board which shows that the applicant's unit, the 1st Battalion, 5th Cavalry of the 1st Cavalry Division, participated in direct support of Kosovo operations. There is no evidence which shows the applicant was awarded the NATO Medal or the Kosovo Campaign Medal based on service in Kosovo.
10. MILPER Message Number 99-157 announced the extension of Section 572, National Defense Authorization Act, FY98, November 1997, to allow award of either the AFEM or the Armed Forces Service Medal (AFSM) to service members participating in Operation Joint Forge effective 21 June 1998 to a date to be determined. Award of the AFEM is limited to only those participants in or providing direct support to Operation Joint Forge who are or were deployed in the countries of Bosnia-Herzegovina and Croatia, aboard US Naval Vessels operating in the Adriatic Sea, and their respective air space. Award of the AFSM is limited to only those participants in or providing direct support to Operation Joint Forge who are or were deployed in Slovenia, Montenegro, Macedonia, Serbia, and Hungary; and their respective air space. Unlike the AFEM and AFSM authorized for Operation Joint Endeavor and Operation Joint Guard, no service member will be awarded both the AFEM and the AFSM for participation or direct support of Operation Joint Forge, under any circumstance.

11. MILPER Message Number 00-202 approved the acceptance and wear of the NATO Medal for operations related to Kosovo from 13 October 1998 to a date to be determined for 30 days (continuous or accumulated) in the Federal Republic of Yugoslavia (FRY). FRY is Serbia, Montenegro, Croatia, Bosnia-Herzegovina, and Slovenia; Albania, Macedonia, and the Adriatic and Ionian Seas; or 90 days (continuous or accumulated) in direct support of NATO operations within the territories of Italy, Greece, and Hungary. The NATO Secretary-General offered a second NATO Medal for Kosovo; however, only one NATO Medal is authorized for wear by U.S. military personnel. Service members who were awarded the NATO Medal for operations relating to the Republic of Yugoslavia and the NATO Medal for operations relating to Kosovo will wear a bronze service star on the NATO Medal Yugoslavia.

12. MILPER Message Number 00-180 approved establishment of the Kosovo Campaign Medal for service in support of Operations Allied Force, Joint Guardian, Allied Harbor, Sustain Hope/Shining, Noble Anvil, or Task Force Hawk, Task Force Saber, or Task Force Hunter with the Kosovo Air Campaign or the Kosovo Defense Campaign. The Kosovo Air Campaign began on 24 March 1999 and ended on 10 June 1999. The Kosovo Defense Campaign began on 11  June 1999 and will end on a date to be determined. To be eligible for award of the Kosovo Campaign Medal an individual must be in a unit participating in or directly supporting the operation for 30 consecutive days or 60 nonconsecutive and/or meet other established criteria. A bronze service star will worn on this ribbon to denote participation in each authorized campaign.

CONCLUSIONS:

1. Evidence of record shows the applicant was awarded the ARCOM for meritorious service during the period 22 January 1998 to 5 November 2001; therefore, he is entitled to correction of his DD Form 214 to show this award.
2. Evidence of record shows the applicant was awarded the NATO Medal for service in support of Operation Joint Forge from 3 March 1999 to 20 September 1999. Therefore, he is entitled to correction of his DD Form 214 to show the NATO Medal.

3. Based on the applicant's service in Bosnia, he is entitled to award of the AFEM for service in support of Operation Joint Forge. Therefore, his DD Form 214 will be amended to show award of the AFEM.

4. There is no evidence of record, and the applicant has provided no evidence, which shows his unit was recognized for actions performed in Kosovo. Therefore, there is no basis for awarding him the NATO Medal or the Kosovo Campaign Medal for service in Kosovo.

5. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the ARCOM, the NATO Medal, and the AFEM.

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

BOARD VOTE:

JLP_____ HOF____ GJW____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Jennifer L. Prater____
                  CHAIRPERSON



INDEX

CASE ID AR2002068934
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020723
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT IN PART
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


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