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ARMY | BCMR | CY2002 | 2002079535C070215
Original file (2002079535C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 17 April 2003
         DOCKET NUMBER: AR2002079535

         I certify that hereinafter is recorded the record of consideration 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:

Mr. Walter T. Morrison Chairperson
Mr. Harry B. Oberg Member
Mr. Ronald J. Weaver Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

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

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: In effect, award of the United Nations Medal, the Kosovo Campaign Medal and the Armed Forces Expeditionary Medal.

APPLICANT STATES: That he should be awarded these medals for his service in Kosovo. In support of his application, he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

EVIDENCE OF RECORD: The applicant's military records show:

The applicant enlisted on 13 September 1995 and served as a chemical operations specialist and cannon crewmember. The applicant was discharged on 19 April 2002 with a general discharge under the provisions of Army Regulation 635-200 for misconduct.

The applicant's DD Form 214, which was authenticated in his own hand, does not show the United Nations Medal, the Kosovo Campaign Medal or the Armed Forces Expeditionary Medal as authorized awards.

There are no orders for the United Nations Medal in the applicant's service personnel records. There is also no evidence that the applicant participated in a designated United Nations operation authorized for award of the United Nations Medal.

There is no evidence in the applicant's service personnel records which shows he served in direct support of Kosovo operations.

There are no orders for the Armed Forces Expeditionary Medal in the applicant's service personnel records. There is also no evidence which shows the applicant served a period of qualifying service for award of the Armed Forces Expeditionary Medal.

Army Personnel Command Message Number 94-137 (with a Date/Time Group of 041530Z February 1994) authorized award of the United Nations Medal for direct participation in one or more of the following six United Nations operations:
(1) United Nations Transitional Authority in Cambodia; (2) United Nations Advance Mission in Cambodia; (3) United Nations Protection Force in Yugoslavia; (4) United Nations Mission for the Referendum in Western Sahara; (5) United Nations Iraq/Kuwait Observation Group; and (6) United Nations Operation in Somalia (to include U.S. Quick Reaction Force members).

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.

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.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he participated in a designated United Nations operation authorized for award of the United Nations Medal. Therefore, the Board determined that there is no evidence on which to base award of the United Nations Medal in this case.

2. The Board considered the applicant's contention that he served in Kosovo. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention. Therefore, the Board determined that there is insufficient evidence on which to base award of the Kosovo Campaign Medal in this case.

3. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he served a period of qualifying service for award of the Armed Forces Expeditionary Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Armed Forces Expeditionary Medal in this case.



4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

5. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

WTM___ HBO_____ RJW____ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2002079535
SUFFIX
RECON
DATE BOARDED 20030417
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


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