PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 August 2002
         DOCKET NUMBER: AR2002073133


         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. Melinda M. Darby		Chairperson
Mr. Roger W. Able		Member
Mr. Curtis L. Greenway		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.

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2. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the second and third award of the Army Achievement Medal, the Armed Forces Service Medal, and the "United Nations Preventive Deployment (UNPREDEP) Force Medal." He also requests correction of his records to show the beginning date of his service in Macedonia as "19990221."

3. The applicant states that he missed his initial appointment with the transition specialist and his DD Form 214 was prepared without him. He states that he was not allowed to make corrections the next time he met with the transition specialist. In support of his application, he submits three copies of a DA Form 638 (Recommendation for Award), three award certificates for the Army Achievement Medal, a certificate for award of the United Nations Medal, and a memorandum authorizing wear of the Armed Forces Service Medal.

4. The applicant’s military records show that he enlisted in the Regular Army on 13 January 1998. He successfully completed basic and advanced individual training and served in Germany from 19 May 1998 to 15 May 2000 as an armor crewman. The applicant was honorably released from active duty on 12 January 2001 in the rank of corporal.

5. The applicant's DD Form 214 shows entitlement to one award of the Army Achievement Medal. His discharge document does not show the Armed Forces Service Medal or the UNPREDEP Force Medal as authorized awards.

6. The applicant provided a copy of DA Form 638, dated 27 April 1998, which shows he was awarded the first award of the Army Achievement Medal for meritorious achievement for the period 23 January 1998 to 1 May 1998.

7. He also provided a copy of DA Form 638, dated 4 February 1999, which shows he was awarded the second award of the Army Achievement Medal for meritorious achievement on 28 January 1999 based on Headquarters, 1st Squadron, 4th U.S. Cavalry Permanent Order Number 141-15, dated 21 May 1999. Additionally, he provided a DA Form 638, dated 17 April 2000, which awarded him the third award of the Army Achievement Medal for meritorious achievement for the period 4 April 2000 to 20 April 2000 based on Headquarters, 1st Squadron, 4th U.S. Cavalry Permanent Order Number 110-06, dated 19 April 2000.

8. The applicant provided a memorandum authorizing him to wear the Armed Forces Service Medal for his participation in the support of Operation Able Sentry in the Republic of Macedonia.

9. A certificate submitted by the applicant and authenticated by the appropriate approving authority shows he was awarded the United Nations Medal for service with the United Nations Preventive Deployment Force during the period 21 February 1999 to 31 March 1999.

10. Item 18 (Remarks) on the applicant's DD Form 214 shows the entry "SERVICE IN MACEDONIA- -19990320 to 19990518."

11. The memorandum which authorized the applicant to wear the Armed Forces Service Medal indicates that he was assigned and participated in an operational deployment to the Former Yogoslav Republic of Macedonia as part of Task Force 1st Squadron, 4th Cavalry from "21 February 1999 to 31 March 1999." The certificate submitted by the applicant in support of his claim for award of the United Nations Medal also indicates that he served in the Former Yugoslav Republic of Macedonia from "21 February 1999 to 31 March 1999."

12. Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Achievement Medal.

13. Department of Defense 1348.33-M (Manual of Military Decorations & Awards) provides, in pertinent part, that the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units, in a United States military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile actions. Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility, or meet one or more of the following criteria: (1) be engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of eligibility; or participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the area of eligibility in support of the operation.

14. Award of the United Nations Preventive Deployment (UNPREDEP) Force Medal was offered by the United Nations Secretary General in March 1995 to a date to be determined. Award of this medal is based on the expansion of the ongoing wars in the former Yugoslav states which prompted sufficient justification to deploy the UNPREDEP mission to control cross-border smuggling of arms and supplies as well as incidents of violence between smugglers, illegal immigrants and border patrols. While this decoration may be presented in a ceremony, it has not been formally accepted by the Secretary of Defense, nor for permanent wear on the Army uniform.
15. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. In pertinent part, it states that item 18 (Remarks) is used for entries required by Headquarters Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks.

CONCLUSIONS:

1. The applicant's DD Form 214 shows entitlement to one award of the Army Achievement Medal. Orders show the applicant was awarded the second award and third award of the Army Achievement Medal. Therefore, he is entitled to three awards of the Army Achievement Medal and correction of his DD Form 214 to show the Army Achievement Medal (Second Oak Leaf Cluster).

2. Evidence of record shows the applicant was authorized to wear the Armed Forces Service Medal for his participation in support of Operation Able Sentry in the Republic of Macedonia. Therefore, he is entitled to correction of his DD Form 214 to show award of the Armed Forces Service Medal.

3. The Board noted the applicant's request for correction of his records to show award of the UNPREDEP Force Medal. In addition, the Board carefully reviewed the certificate submitted by the applicant in support of his claim for this award. Although the applicant was presented a certificate for award of the UNPREDEP Force Medal, this award has not been formally accepted by the Secretary of Defense or for permanent wear on the Army uniform. Therefore, there is no basis for correction of the applicant's DD Form 214 to show award of the UNPREDEP Force Medal.

4. Evidence of record available to the Board shows the applicant served in Macedonia from 21 February 1999 to 31 March 1999. However, through an administrative error, his dates of service in Macedonia were incorrectly recorded on his DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 to show the entry "SERVICE IN MACEDONIA: 19990221 TO 19990331."

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:

a. by showing the individual concerned was awarded the Army Achievement Medal (Second Oak Leaf Cluster) and the Armed Forces Service Medal;
b. by deleting the entry "SERVICE IN MACEDONIA- - 19990320 to 19990518" from item 18 (Remarks) on his DD Form 214; and

c. by adding the entry "SERVICE IN MACEDONIA- -19990221 TO 19990331" to item 18 on his DD Form 214.

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

BOARD VOTE:

MMD_____ RWA___ CLG____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Melinda M. Darby______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073133
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020820
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.
3.
4.
5.
6.