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ARMY | BCMR | CY2002 | 2002069418C070402
Original file (2002069418C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 14 NOVEMBER 2002
         DOCKET NUMBER: AR2002069418


         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. Gale J. Thomas Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Mr. John P. Infante Member
Ms. Regan K. Smith Member

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The applicant did ( not ) appear before the Board and was ( not ) represented by counsel.

         The Board considered the following evidence:

Exhibit A - Application for correction of military records
Exhibit B - Military Personnel Records (including advisory opinion, if any)
Exhibit C - Case Summary
Exhibit D - Live testimony and any evidence introduced during the hearing

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 records be corrected to reflect the "Kosovo & NATO Medal." He states that he served in Kosovo between 14 November and 17 December 2000 and as such is entitled to those awards. In support of his request he submits a Memorandum for Record, which includes a list of soldiers deployed in support of Task Force Joint Guardian, attesting to his eligibility for the awards.

3. Information available to the Board indicates the applicant entered active duty on 27 March 2000 and was assigned to a maintenance company in Germany for more than 14 months. The memorandum submitted in support of his request indicates the applicant was among several soldiers from the 317th Maintenance Company who were deployed to Macedonia and Kosovo from 14 November 2000 until 17 December 2000 and as such were entitled to the "Kosovo Liberation Medal and the NATO Medal."

4. On 22 December 2001 the applicant was discharged from active duty under honorable conditions. His separation document indicates the basis for his separation was a "physical condition" which was not "a disability." The authority for his separation was recorded as Army Regulation 635-200, Chapter 5-17.

5. The Kosovo Campaign Medal, which the memorandum submitted in support of the applicant's petition refers to as the Kosovo Liberation Medal, was established by executive order in May 2000 and awarded to individuals who participated in prescribed operations, campaigns and task forces ranging in dates from 24 March 1999 to present. Individuals deployed to Kosovo, who participated in Operation Joint Guardian on or after 11 June 1999, were authorized award of the Kosovo Campaign Medal with one bronze service star (Kosovo Defense Campaign). Additionally, the Secretary of Defense authorized acceptance and wear of the NATO Medal, an international decoration, for individuals who participated in Operation Joint Guardian.

6. Army Regulation 600-8-22 states that the National Defense Service Medal was authorized for soldiers serving on active duty on or after 11 September 2001.

7. Army Regulation 635-200, paragraph 5-17 provides for the administrative separation of soldiers based on a physical or mental condition not amounting to a disability including such things as chronic airsickness, seasickness, sleepwalking, claustrophobia, etc. The service of a soldier discharged under this provision of Army Regulation 635-200 may be characterized as honorable, under honorable conditions, or uncharacterized if in an entry-level status.




CONCLUSIONS:

1. The Board concludes that the applicant has provided sufficient evidence to confirm that he was deployed to Kosovo in support of Operation Joint Guardian between November and December 2000 and as such is entitled to the NATO Medal and the Kosovo Campaign Medal with one bronze service star. His records should be corrected accordingly.

2. Additionally, the Board notes that the applicant is entitled to the National Defense Service Medal.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is entitled to the NATO Medal, Kosovo Campaign Medal with one bronze service star, and the National Defense Service Medal.

BOARD VOTE:

__AAO__ __JPI ___ __RKS __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  ___Arthur A. Omartian____
                  CHAIRPERSON



INDEX

CASE ID AR2002069418
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021114
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. 107.00
2.
3.
4.
5.
6.


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