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ARMY | BCMR | CY2004 | 2004100164C070208
Original file (2004100164C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:



      BOARD DATE:           31 August 2004
      DOCKET NUMBER:   AR2004100164


      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. G. E. Vandenberg              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. Robert L. Duecaster           |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the awards he was authorized
for his service in Kosovo be added to his DD Form 214 (Certificate of
Release or Transfer).

2.  The applicant states that his awards for his service in Kosovo are not
denoted on his DD Form 214 and he would like to have this corrected.  The
applicant states that he served with Headquarters, Headquarters Company,
1st Battalion, 77th Armor Regiment, 1st Infantry Division for approximately
a week before being transferred to the 1st Battalion, 26th Infantry
Regiment, 1st Infantry Division during operations in Kosovo.  He, in
effect, states that he is submitting documents to verify his period of
service in Kosovo and show potential awards that are not listed on his DD
Form 214.

3.  The applicant provides a copy of his 15 October 2001 DD Form 214, an
award certificate for the North Atlantic Treaty Organization (NATO) Service
Medal; a Certificate of Appreciation from the Multinational Brigade (East);
a Certificate of Achievement, from 1st Infantry Division; three pages of
photos; and a memorial service program for a fellow service member who died
in Kosovo.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel provided no statements or contentions beyond those submitted on the
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he entered active duty on 28 January 1998,
completed training, and was awarded the military occupational specialty 77F
(Petroleum Supply Specialist).

2.  The applicant was assigned to duty with the Headquarters, Headquarters
Company, 1st Battalion, 77th Armor Regiment, 1st Infantry Division in
Schweinfurt, Germany on 27 July 1998.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) lists his
awards as the Army Service Ribbon and the Overseas Service Ribbon.  It
indicates that he qualified as a marksman with the rifle and as first class
with hand grenades.

4.  Other than the information listed above and his enlistment documents,
there is no documentation of his service in the available records.
5.  The applicant was discharged for a physical condition, not amounting to
a disability, on 15 October 2001.  There is no documentation pertaining to
his discharge in the available records.

6.  His DD Form 214 indicates he had 3 years, 8 months, and 18 days of
creditable service with 2 years, 2 months, and 28 days overseas service.
It lists his awards as the Army Service Ribbon, the Overseas Service
Ribbon, and the Marksman Badge with Rifle bar.

7.  The undated NATO award certificate indicates that the applicant was
awarded the NATO Service Medal for operations in Kosovo for the period from
28 June 1999 through 12 December 1999.  It does not indicate what unit the
applicant was assigned to during this period.

8.  The undated Multinational Brigade Certificate of Appreciation
recognizes the contributions made by the applicant but does not indicate
the period of this service.

9.  The 9 November 1999 1st Infantry Division Certificate of Achievement
recognizes the applicant's service, in Kosovo, to the Task Force, 1st
Battalion, 26th Infantry Regiment, 1st Infantry Division during Operation
Joint Guardian II.  It does not specify the dates of this service.

10.  The official history of peacekeeping operations in Kosovo indicates
that following the signing of the Military Technical Agreement (MTA) on
June 9, 1999, Task Force Falcon deployed forces into Kosovo.  Advance
elements entered Kosovo on June 12, 1999, as part of Operation Joint
Guardian, a NATO-led peacekeeping force.  The Task Force headquarters was
operational on 16 June 1999.  The history indicates that both the 1st
Battalion, 77th Armor Regiment, and the 1st Battalion, 26th Infantry
Regiment, 1st Infantry Division were part of the initial entry force and
were replaced on 12 December 1999.

11.  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.

12.  Army Personnel Command 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.

13.  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.

14.  Army Personnel Command Message Number 00-180 approved establishment of
the Kosovo Campaign Medal for service in support of: Operation Allied Force
(24 March 1999 through 10 June 1999); Operation Joint Guardian (11 June
1999 through a date to be determined); Operation Allied Harbour (4 April
1999 through 1 September 1999); Operation Sustain Hope/Shining Hope (4
April 1999 through 10 July 1999); Operation Noble Anvil (24 March 1999
through 20 July 1999); or Kosovo Task Forces Hawk (5 April 1999 through 24
June 1999); Saber (31 March 1999 through 8 July 1999); Falcon (11 June 1999
through a date to be determined), coinciding with Joint
Guardian; or Hunter within areas of operation for the Kosovo Air Campaign
and/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.  Army Regulation 600-8-22, paragraph 2-12, states that the Armed Forces
Expeditionary Medal is authorized for U.S. military operations, U.S.
operations in direct support of the United Nations, and U.S. operations of
assistance for friendly foreign nations.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant participated in
operations in Kosovo and is authorized the NATO Service Medal, the Armed
Forces Service Medal, and the Kosovo Campaign Medal.  Therefore, it is
appropriate to correct his records to show these awards.

2.  The award of the Armed Forces Expeditionary Medal and an Armed Forces
Service Medal for the same period are authorized for operations in the
former Yugoslavia Republic only during the period from 1 June 1992 to 19
December 1996 (Operation Joint Endeavor) and during the period 20 December
1996 to 20 June 1998.

3.  Since the applicant is not shown to have served in the former
Yugoslavia Republic theater of operations prior to 20 June 1998, award of
the Armed Forces Expeditionary Medal concurrently with the Armed Forces
Service Medal is not authorized.  Therefore, award of the Armed Forces
Expeditionary Medal is not warranted.

4.  The record indicates the applicant qualified as a first class with the
hand grenade.  This entitles him to award of the Sharpshooter Badge with
Hand Grenade bar.  It is appropriate to correct his records to show this
award.

5.  While the information provided by the applicant indicates that he
served during operations in Kosovo, there is insufficient information to
determine the specific operations the applicant participated in.
Therefore, the total number of bronze service stars to be worn on the
Kosovo Campaign Medal cannot be determined.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_JNS____  __JRS__  __RLD__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for partial relief.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by showing that he is authorized award of the NATO Service Medal,
the Armed Forces Service Medal, and the Sharpshooter Badge with Hand
Grenade bar.






            __      John N. Slone________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004100164                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040831                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |                                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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