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ARMY | BCMR | CY2002 | 2002070732C070402
Original file (2002070732C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29August 2002
         DOCKET NUMBER: AR2002070732


         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Christopher J. Prosser Member
Mr. Harry B. Obery 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 Good Conduct Medal, two awards of the Army Commendation Medal (correctly known as the Army Commendation Medal with First Oak Leaf Cluster), the Kosovo Campaign Medal, the Joint Meritorious Unit Award, the North Atlantic Treaty Organization (NATO) Medal, the Egyptian Parachutist Badge, the British Army Parachutist Wings, the Jordanian Parachutist Badge, the United Arab Emirates Parachutist Badge, the Greek Parachutist Badge and the Italian Parachutist Badge.

3. The applicant states that the DD Form 214 issued at the time of his discharge omitted these awards. In support of his application, he submits a copy of his DD Form 214; an award certificate and orders for award of the Good Conduct Medal; two award certificates and two DA Forms 638 (Recommendation for Award) for the Army Commendation Medal; a Memorandum for Record, dated 9 August 2000, which authorizes wear of the Kosovo Campaign Medal; a Memorandum for Record, dated 9 August 2000, which authorizes wear of the Joint Meritorious Unit Award; a Memorandum, dated 26 July 2000, which authorizes wear of the NATO Medal for service in support of Kosovo operations; and memoranda, dated 3 May 2000, which authorize award of the Egyptian Parachutist Badge, the British Army Parachutist Wings, the Jordanian Parachutist Badge, the United Arab Emirates Parachutist Badge, the Greek Parachutist Badge and the Italian Parachutist Badge.

4. The applicant’s military records show that he entered active duty on 6 March 1996, served as an illustrator and was honorably discharged on 6 April 2001 for parenthood.

5. The applicant’s DD Form 214 does not show the Good Conduct Medal, the Army Commendation Medal with First Oak Leaf Cluster, the Kosovo Campaign Medal, the Joint Meritorious Unit Award, the NATO Medal, the Egyptian Parachutist Badge, the British Army Parachutist Wings, the Jordanian Parachutist Badge, the United Arab Emirates Parachutist Badge, the Greek Parachutist Badge or the Italian Parachutist Badge as authorized awards.

6. Permanent Orders 144-114, dated 24 May 1999, show the applicant was awarded the first award of the Good Conduct Medal for the period 6 March 1996 to 5 March 1999.

7. The applicant provided an award certificate and DA Form 638 which show he was awarded the Army Commendation Medal for meritorious service during the period 15 September 1996 to 13 September 1997. This award was published by Permanent Orders 275-5, dated 2 October 1997.

8. The applicant provided an award certificate and DA Form 638 which show he was awarded the Army Commendation Medal for meritorious achievement during the period 4 April 1999 to 1 July 1999. This award was published by Permanent Orders 202-9, dated 21 July 1999.

9. The applicant provided a Memorandum for Record, dated 9 August 2000, which states he was on temporary duty in direct support of the Campaign in Kosovo and is therefore authorized wear of the Kosovo Campaign Medal in accordance with MILPER Message Number 00-180.

10. The applicant provided a Memorandum for Record, dated 9 August 2000, which states he was on temporary duty in direct support of the Campaign in Kosovo and is therefore authorized wear of the Joint Meritorious Unit Award.

11. The applicant provided an award certificate which shows he was awarded the NATO Medal for service with NATO on operations in relation to Kosovo during the period 5 April to 27 June 1999.

12. The applicant provided memoranda signed by a brigadier general, dated
3 May 2000, which show that he participated in Combined Airborne Operations in Egypt during Exercise Bright Star 2000 and was authorized to wear the Egyptian Parachutist Badge, the British Army Parachutist Wings, the Jordanian Parachutist Badge, the United Arab Emirates Parachutist Badge, the Greek Parachutist Badge and the Italian Parachutist Badge.

13. 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 service with Task Force Hawk, Task Force Saber, or Task Force Hunter during 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 be worn on this ribbon to denote participation in each authorized campaign.

14. 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.

15. Army Regulation 600-8-2 provides in pertinent part, that commanders (overseas and CONUS) serving in the rank of brigadier general or higher and colonel level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in Appendix D of this regulation. The Egyptian Parachutist Badge, the British Army Parachutist Wings, the Jordanian Parachutist Badge, the United Arab Emirates Parachutist Badge, the Greek Parachutist Badge and the Italian Parachutist Badge are listed in Appendix D (Foreign Badges).

CONCLUSIONS:

1. Evidence of record shows the applicant received the first award of the Good Conduct Medal and two awards of the Army Commendation Medal. Therefore, the applicant is entitled to correction of his DD Form 214 to show these awards.

2. Evidence of record shows the applicant was authorized wear of the Kosovo Campaign Medal. Therefore, his records should be corrected to show this medal.

3. Evidence of record shows the applicant was awarded the NATO Medal for service with NATO operations in direct support of Kosovo operations during the period 5 April to 27 June 1999. Therefore, the applicant is entitled to award of the NATO Medal and correction of his discharge document to show this medal.

4. Evidence of record shows the applicant was authorized wear of the Joint Meritorious Unit Award. Therefore, his records should be corrected to show this unit award.

5. The applicant was authorized to wear the Egyptian Parachutist Badge, the British Army Parachutist Wings, the Jordanian Parachutist Badge, the United Arab Emirates Parachutist Badge, the Greek Parachutist Badge and the Italian Parachutist Badge. Therefore, the applicant is entitled to correction of his DD Form 214 to show these awards.

6. 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 was awarded the first award of the Good Conduct Medal, Army Commendation Medal with First Oak Leaf Cluster, the Kosovo Campaign Medal, the Joint Meritorious Unit Award, the North Atlantic Treaty Organization Medal, the Egyptian Parachutist Badge, the British Army Parachutist Wings, the Jordanian Parachutist Badge, the United Arab Emirates Parachutist Badge, the Greek Parachutist Badge and the Italian Parachutist Badge.

BOARD VOTE:

MKP___ CJP____ HBO_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2002070732
SUFFIX
RECON
DATE BOARDED 20020829
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


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