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ARMY | BCMR | CY2002 | 2002072166C070403
Original file (2002072166C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 August 2002
         DOCKET NUMBER: AR2002072166


         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. Irene N. Wheelwright Chairperson
Mr. Arthur A. Omartian Member
Mr. Thomas Lanyi 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal for his service in Bosnia or Kosovo.

3. The applicant states, in effect, that he would like this medal added to his discharge document. In support of his application, he submits two award certificates for the North Atlantic Treaty Organization (NATO) Medal for service with NATO operations in the former Yugoslavia and in Kosovo.

4. The applicant’s military records show that while serving in the Army National Guard, the applicant was ordered to active duty for training on 15 September 1992. He was released from active duty on 16 February 1994 and returned to the Army National Guard to complete his remaining obligation. The applicant enlisted in the Regular Army on 15 August 1996. He served as a military policeman and was honorably discharged on 14 August 2001.

5. The applicant’s DD Form 214 does not show the Armed Forces Expeditionary Medal as an authorized award. His DD Form 214 does show the NATO Medal as an authorized award.

6. The applicant provided an award certificate which shows he was awarded the NATO Medal for service with NATO on operations in relation to the former Yugoslavia during the period 23 March 1997 to 18 November 1997.

7. The applicant also 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 30 November 1999 to 7 June 2000.

8. The applicant’s service personnel records contain a letter which states that the applicant’s unit, the 108th Military Police Company, was awarded the Humanitarian Service Medal for participation in Operation Provide Refuge at Fort Dix, New Jersey, during the period 19 June 1999 to 16 July 1999. His records also contain a by-name listing of eligible participants for this medal and the applicant’s name appears on this listing. The Humanitarian Service Medal is not shown on the applicant’s discharge document.

9. Army Personnel Command Message Number 99-100 (with a Date/Time Group of 121605Z March 1999) authorized award of both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal, as a one-time exception to Department of Defense and Service policy, for qualifying service in support of Operations Joint Endeavor and Joint Guard in the Republic of Bosnia-Herzegovina. This exception allowed both service medals to be presented to



personnel deployed in Bosnia-Herzegovina, aboard naval vessels operating in the Adriatic Sea and their respective air spaces during the period 1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and during the period
20 December 1996 to 20 June 1998 (Operation Joint Guard). The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.

10. 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.

11. 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.

12. Army Regulation 600-8-22 provides, in pertinent part, that the Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature. A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation. U.S. Total Army Personnel Command, Military Awards Branch Home Page contains a listing of the Humanitarian Service Medal




operations approved since publication of Army Regulation 600-8-22 (Military Awards dated February 1995). This listing shows that the Operation Provide Refuge (1 May 1999 to 31 July 1999 in Fort Dix, New Jersey) was approved by the Department of Defense as qualifying for award of the Humanitarian Service Medal.

CONCLUSIONS:

1. Evidence of record shows the applicant was awarded the NATO Medal for service with NATO on operations in relation to the former Yugoslavia during the period 23 March 1997 to 18 November 1997. Therefore, the applicant is entitled to award of the Armed Forces Expeditionary Medal and the Armed Forces Service Medal and correction of his DD Form 214 to show these awards.

2. The applicant’s DD Form 214 shows one award of the NATO Medal. However, evidence of record shows the applicant was awarded two awards of the NATO Medal for service in the former Yugoslavia and in Kosovo. The governing message states that, 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. Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the NATO Medal with one bronze service star.

3. The applicant provided evidence of record which shows that he participated in direct support of Kosovo operations during the period 30 November 1999 to
7 June 2000. Therefore, the applicant is entitled to award of the Kosovo Campaign Medal and correction of his discharge document to show this medal.

4. Evidence of record shows the applicant’s unit was awarded the Humanitarian Service Medal for participation in Operation Provide Refuge at Fort Dix, New Jersey, during the period of 19 June 1999 to 16 July 1999. Therefore, the applicant is entitled to correction of his DD Form 214 to show this medal.

5. 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 Armed Forces Expeditionary Medal, the Armed Forces Service Medal, the NATO Medal with




one bronze service star, the Kosovo Campaign Medal and the Humanitarian Service Medal.

BOARD VOTE:

INW____ AAO____ TL______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Irene N. Wheelwright
                  CHAIRPERSON




INDEX

CASE ID AR2002072166
SUFFIX
RECON
DATE BOARDED 20020827
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.0072
2. 107.0000
3.
4.
5.
6.


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