PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 April 2003
         DOCKET NUMBER: AR2002077491


         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
Mr. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Thomas Lanyi		Member
Mr. Bernard P. Ingold		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, in effect, correction of his DD Form 214 to show separation and severance pay at the pay grade, E-6, in accordance with Title 10, United States Code, and that the Kosovo NATO (North Atlantic Treaty Organization) Medal (sic), Kosovo Campaign Medal be added to his DD Form 214. The applicant also requests that the Armed Forces Service Medal, for participation in NATO operations related to the Federal Republic of Yugoslavia (FRY), and the Army Superior Unit Award be awarded to him and added to his DD Form 214.

3. The applicant states, in effect, that he would like to have his service record amended to reflect his service. With regards the awards issues, the applicant states that he was skipped because the awards were not finalized at Department of the Army until after his separation. He was awarded the NATO Medal for support of Kosovo after his separation but not the Kosovo Campaign Medal. The Army Superior Unit Award was awarded to the Army Material Command after his separation, and the Armed Forces Service Medal was awarded to all personnel stationed in Italy. He adds that he met all criteria for consideration. On the issue of his pay grade, he states that he was paid severance pay in the pay grade of
E-5, but he was pending promotion.

4. In support of his application, he submits a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty; a copy of an AMSAM-TMD-F-GB, Memorandum for Record (MFR), Subject: Award of the NATO Medal for Operations Related to Kosovo, dated 20 November 2002; a copy of an MFR from the 95th Maintenance Company, Redstone Arsenal, Alabama, Subject Award of the NATO Medal, dated 19 November 2001; a copy of an award certificate awarding the applicant the NATO Medal for service in Kosovo during the period
1 April 1999 to 30 October 1999; a copy of a MILPER Message Number: 00-202, Subject: NATO Medal; a copy of his DA Form 2-1, Personnel Qualification Record, Part II; a copy of an internet article captioned, Extra! Extra! With a title, AMC Receives Army Superior Unit Award, dated 14 June 2001; a copy of a CDRPERSCOM Unclassified Message Number 091645ZJUL96, Subject: Armed Forced Service Medal (AFSM) – Expansion of Area of Eligibility for Operations Relating to the Former Republic of Yugoslavia (FRY); a copy of a CDR PERSCOM Unclassified Message with date and time group 101159ZAUG99, Subject Enlisted Disability Separation; a copy of a promotion "packet" recommending the applicant for promotion to the pay grade E-6 in the Military Occupational Specialty (MOS) 35H; a copy of a TAPD-ZB Information Paper, Subject: Overview of the Physical Disability Evaluation System dated 22 June 2001; and a copy of an unsigned, TAPD-OEA MFR, Subject: Proposed Legislation Authorizing Payment of Disability Severance Pay at Promotion List Grade, Action Memorandum.

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5. The applicant's military records show that the applicant enlisted in the Army Reserve on 9 February 1981. He was ordered to active duty for training and served from 3 March 1981 through 7 July 1981. The applicant served in the Reserve until 8 February 1987 when he was honorably discharged under the provisions of Army Regulation 135-178.

6. On 30 September 1991, the applicant enlisted for 8 years in the Delayed Entry/Enlistment Program (DEP). He was discharged from the DEP and entered active duty in the Regular Army on 20 February 1992. He served continuously until he was honorably discharged in the rank and pay grade, Sergeant, E-5, under the provisions of Army Regulation 635-40, Paragraph 4-24b, Disability, Severance Pay, on 12 October 1999. The applicant received $28977.60 in severance pay.

7. Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, and continued in Block 18 (Remarks) shows the following as authorized awards: "Army Commendation Medal//Army Achievement Medal (6th Award)//Good Conduct Medal (2nd Award)//National Defense Service Medal//Armed Forces Expeditionary Service Medal//Humanitarian Service Medal//NCO Professional Development Ribbon (with Numeral 2)//Army Service Ribbon//Overseas Service Ribbon (with Numeral 2)//Parachutist Badge//Expert Marksmanship Badge (Rifle M-16)//Sharpshooter Marksmanship Badge (Grenade)//."

8. The applicant’s DD Form 214 does not show the NATO Medal, Kosovo Campaign Medal, the Armed Forces Service Medal, or the Army Superior Unit Award, as authorized awards.

9. The applicant appeared before the 226th Medical Battalion (Logistics Forward), Enlisted Promotion Board for Promotion to Sergeant and Staff Sergeant, on 27 October 1997. Applicant was found qualified and was recommended for promotion to the rank and pay grade of SSG, E-6, in the MOS 35H (Test, Measurement, and Diagnostic Equipment Maintenance).

10. The applicant remained on the promotion list from 27 October 1997 until
12 October 1999, the date he was discharged for disability with severance pay.

11. The applicant was provided an MFR from the Commander, 95th Maintenance Company, Subject: Award of the NATO Medal, dated
19 November 2001, along with a certificate awarding him the NATO Medal for service in Kosovo. The text of the award certificate reads as follows: "This is to certify that [the applicant, with his unit of assignment or attachment identified as

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US Army Materiel Command] has been awarded the NATO Medal for service with NATO on operations in relation to Kosovo during the period 1 April 1999 to 30 October 1999.

12. The applicant was assigned with the 95th Combat Support Company, Vicenza, Italy, during the period from 19 June 1997 through 12 October 1999.

13. A review of the listing of units that received the ASUA confirmed that the Army Materiel Command was awarded the Army Superior Unit Award for meritorious performance of a difficult and challenging mission for the period
1 October 1999 through 1 October 2000 in Department of the Army General Orders 29, dated 2001.

14. 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.

15. 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: 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.

16. 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

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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.

17. The Army Superior Unit Award is awarded for outstanding meritorious performance of a unit during peacetime in a difficult and challenging mission under extraordinary circumstances. The unit must display such outstanding devotion and superior performance of exceptionally difficult tasks to set it apart from and above other units with similar missions. For the purpose of this award, peacetime is defined as any period during which wartime or combat awards are not authorized in the geographical area in which the mission was executed. The award may be given for operations of a humanitarian nature. Circumstances may be deemed to be extraordinary when they do not represent the normal day-to-day circumstances under which the unit normally performs its peacetime mission or may be reasonably expected to perform.

18. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. This regulation states, in pertinent part, that the Grade, Rate or Rank and the Pay Grade will be entered in Blocks 4a and 4b to reflect the rank and pay grade in which the individual is serving at the time of separation. The date of rank will be entered in Block 12h (effective Date of Pay Grade).

19. The Department of Defense Military Pay and Allowances Entitlements Manual (also known as the DOD Pay Manual) provides in pertinent part, that disability severance pay is computed on the grade or rank in which the member is serving at separation, the permanent Reserve grade held at separation, the highest temporary or permanent grade or rank in which member served satisfactorily, as determined by the Secretary of the Service concerned, or to the grade or rank to which the member would have been promoted if the disability had not occurred (on promotion selection list).

20. Title 10 of the US Code 1212(a)(C) states that a service member separated for disability with severance pay is entitled to, "Twice the amount of monthly basic pay to which he would be entitled if serving, '(ii) in the permanent regular or

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reserve grade to which he would have been promoted had it not been for the physical disability for which he is separated and which was found to exist as a result of a physical examination.'"

CONCLUSIONS:

1. Items 4a, 4b, and 12h reflect the rank, pay grade, and effective date of pay grade, respectively, in which the individual was serving at the time of discharge; however, the provisions of Title 10, US Code 1212(a)(C)(ii), were not implemented. The applicant was on a promotion standing list on the date of his separation and therefore, he is entitled to have his DD Form 214 corrected to shown the rank and grade Staff Sergeant, E-6, with a date of rank of 12 October 1999.

2. The applicant was properly considered and selected for promotion to pay grade E-6 before a Physical Disability Agency determination that he should be separated as a result of a physical disability with severance pay. He was on a recommended list for promotion of enlisted personnel on the date of his separation and had been for nearly two years. He is entitled to have his disability severance pay recomputed for pay grade E-6.

3. Evidence of record shows the applicant met the criteria for award of the NATO Medal, he was provided a certificate entitling him to this award when he was deployed in direct support of operations related to Kosovo during the period from 1 April 1999 through 30 October 1999. He is therefore entitled to have it added to his DD Form 214 at this time.

4. Based on his deployment in direct support of operations related to Kosovo, the applicant meets the criteria for award of the Kosovo Campaign Medal with bronze service star. Therefore, this award should be made and his records corrected to show this medal.

5. Evidence of record shows the applicant was assigned to a unit in Italy when authority to award the Armed Forces Service Medal was expanded to include all Italy-based troops supporting operations Provide Promise, Joint Endeavor, Able Sentry, Deny Flight, Maritime Monitor, and Sharp Guard to receive the award. Therefore, he is entitled to correction of his DD Form 214 to show award of the Armed Forces Service Medal.

6. The Army Material Command was awarded the Army Superior Unit Award on 2 February 1996. Because he was assigned or attached as a member of that Command during the period it was cited for the award, he is entitled to have his DD Form 214 amended to reflect his award.

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RECOMMENDATION:

That all Department of the Army records related to this case be corrected by:

         a. amending blocks 4a, 4b, and 12h of the applicant's DD Form 214 to show that he was serving in the rank and pay grade of SSG, E-6, with an effective date of rank of 12 October 1999, on the date he was honorably discharged for the purposes of Disability, Severance Pay;

         b. directing the Defense Finance and Accounting Service to perform a comprehensive review of his military pay record and to determine if he was properly paid based on the provisions of law; and

         c. awarding the applicant the Kosovo Campaign Medal with bronze service star, the Armed Forces Service Medal, the NATO Medal, and the Army Superior Unit Award, and by amending the applicant's DD Form 214 to include these awards.

BOARD VOTE:

__jns___ __tl____ __bpi___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           John N. Slone
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002077491
SUFFIX
RECON
DATE BOARDED	20030429
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	128.0800
2.	129.0500
3.	107.0000
4.	107.0035
5.
6.