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ARMY | BCMR | CY2002 | 2002081308C070215
Original file (2002081308C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 18 March 2003
         DOCKET NUMBER: AR2002081308

         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Ms. Jennifer L. Prater Chairperson
Mr. Arthur A. Omartian Member
Ms. Margaret V. Thompson 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: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Armed Forces Expeditionary Medal and the North Atlantic Treaty Organization (NATO) Medal for his deployment to Bosnia.

APPLICANT STATES: That his overseas time was erroneously omitted from his DD Form 214. In support of his application, he submitted two DD Forms 214 and a DA Form 67-9 (Officer Evaluation Report [OER]) for the period 19990515 to 20000123.

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

The applicant initially served in the Regular Army from 7 September 1960 through 26 August 1963. He enlisted in the U.S. Army Reserve (USAR) on 25 January 1978 and was discharged on 24 July 1979. The applicant was appointed as a Reserve warrant officer on 25 July 1979 in the rank of Warrant Officer One. The applicant is currently serving in the USAR in the rank of Warrant Officer Four.

The applicant was ordered to active duty on 10 June 1996 and was honorably released from active duty on 25 September 1996 for completion of active duty special work. His DD Form 214, with a separation date of 25 September 1996, does not show the Armed Forces Expeditionary Medal or the NATO Medal as authorized awards.

Records show the applicant was ordered to active duty again on 30 October 2000. He was honorably released from active duty on 23 March 2001 for completion of active duty special work. His DD Form 214, with a separation date of 23 March 2001, does not show the NATO Medal as an authorized award. This DD Form 214 does show entitlement to the Armed Forces Expeditionary Medal.

There is no evidence of record available to the Board which shows that the applicant was awarded the NATO Medal for service in Bosnia.

The applicant provided a copy of his OER for the period 15 May 1999 through 23 January 2000. Under Part IIIc (Significant Duties and Responsibilities), it states that the applicant served as an ACE [Analysis and Control Element] Crime Analyst in support of NATO's Operation Joint Forge in Bosnia-Herzegovina. The senior rater stated in Part VIIc (Comment on Performance/Potential) that the applicant "contributed significantly to the success of the intelligence mission during his tour on Operation Joint Forge as part of Task Force Eagle."

MILPER Message Number 99-157 announced the extension of Section 572, National Defense Authorization Act, FY98, November 1997, to allow award of either the Armed Forces Expeditionary Medal or the Armed Forces Service Medal to service members participating in Operation Joint Forge effective 21 June 1998 to a date to be determined. Award of the Armed Forces Expeditionary Medal is limited to only those participants in or providing direct support to Operation Joint Forge who are or were deployed in the countries of Bosnia-Herzegovina and Croatia, aboard US Naval Vessels operating in the Adriatic Sea, and their respective air space.

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) or 90 days (continuous or accumulated) in direct support of NATO operations within the territories of Italy, Greece, and Hungary. FRY is Serbia, Montenegro, Croatia, Bosnia-Herzegovina, and Slovenia; Albania, Macedonia, and the Adriatic and Ionian Seas. 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 Yugoslavia.

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. The Board considered the applicant's request for award of the Armed Forces Expeditionary Medal and the NATO Medal for his deployment to Bosnia.

2. The applicant's DD Form 214, with a separation date of 23 March 2001, shows the Armed Forces Expeditionary Medal as an authorized award. As a result, there is no error and therefore there is no basis for granting the applicant's request.

3. There is no evidence of record, and the applicant has provided no evidence which shows he was awarded the NATO Medal. Therefore, there is insufficient evidence upon which to base award of the NATO Medal in this case.

4. The Board also considered the applicant's contention that his overseas time was erroneously omitted from his DD Form 214

5. The Board carefully reviewed the OER for the period 19990515 through 2000123 which shows the applicant served as an ACE Crime Analyst in support of Operation Joint Forge in Bosnia. However, the Board was unable to determine the applicant's specific dates of service in Bosnia. Therefore, his DD Form 214 will not be amended to show his overseas service in Bosnia.

6. 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.

7. 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

JLP_____ AAO_____ MVT_____ DENY APPLICATION



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




INDEX

CASE ID AR2002081308
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030318
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


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