RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 September 2006
      DOCKET NUMBER:  AR20060002470


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Susan Powers                  |     |Chairperson          |
|     |Mr. David Haasenritter            |     |Member               |
|     |Mr. Jonathan Rost                 |     |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, correction of his DD Form 214
(Certificate of Release or Discharge from Active Duty) to show the Army
Achievement Medal and the Kosovo Campaign Medal.

2.  The applicant states he was awarded these medals so close to his
expiration term of service there was insufficient time for his records to
be updated before his was discharged.

3.  The applicant provides orders for the Army Achievement Medal; a
certificate of appreciation; two Defense Finance and Accounting Service
Military Leave and Earnings Statements; a letter of appreciation from his
commanding officer; and a photograph of a Kosovo medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
25 November 2000.  The application submitted in this case is dated 9
February 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 16 July 1998.  He served
as a cavalry scout in Kosovo and was released from active duty on 25
November 2000.

4.  The applicant’s DD Form 214 shows the Army Service Ribbon and the
Overseas Service Ribbon as authorized awards.

5.  Headquarters, 1st Battalion, 77th Armor, 1st Infantry Division
Permanent Orders Number 285-01, dated 11 October 2000, show the applicant
received the Army Achievement Medal for meritorious service during the
period 25 November 1998 to 24 November 2000.

6.  In support of his claim for the Kosovo Campaign Medal, the applicant
provided a certificate of appreciation for outstanding service and
dedication to the peacekeeping mission in Kosovo.  He provided two leave
and earnings statements which show he received hostile fire pay during the
period
1 September 1999 to 30 December 1999.  He also provided a letter of
appreciation from his commanding officer which states he participated in
the mission during the North Atlantic Treaty Organization’s (NATO)
Operation Joint Guardian II in Kosovo.

7.  The applicant's inclusive dates of service in Kosovo are not contained
in the available records.

8.  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.

9.  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).  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.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Army Achievement Medal.

2.  Evidence of record shows the applicant was deployed to Kosovo in direct
support of Operation Joint Guardian II.  His pay records show that he
received hostile fire pay during the period 1 September 1999 to 31 December
1999.  Therefore, the applicant is entitled to award of the Kosovo Campaign
Medal and the NATO Medal.

3.  Records show the applicant should have discovered the alleged errors
now under consideration on 25 November 2000; therefore, the time for the
applicant to file a request for correction of any error expired on 24
November 2003.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence, it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

SP_____  _DH____  _JR_____  GRANT FULL RELIEF

________  ________  ________  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 relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by amending his DD Form 214 to show that
he was awarded the Army Achievement Medal, the Kosovo Campaign Medal, and
the NATO Medal.




                            ____Susan Powers_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002470                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060907                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0025                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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