RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 November 2007
	DOCKET NUMBER:  AR20070009127 


	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.


Ms. Catherine C. Mitrano

Director

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Gerald J. Purcell

Member

Mr. John G. Heck

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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add the Army Achievement Medal, the North Atlantic Treaty Organization (NATO) Medal, the Armed Forces Expeditionary Medal (AFEM), the Kosovo Campaign Medal, the Armed Forces Service Medal (AFSM), and the Korea Defense Service Medal.

2.  The applicant states he was discharged while in Korea.  He did not have access to his records and was unaware that the Army did not maintain updated records to reflect deployments and service awards.

3.  The applicant provides his DD Form 214; Army Achievement Medal orders; a NATO Medal certificate; temporary change of station orders; permanent change of station orders; discharge orders; Military Personnel (MILPER) Message       99-157; and MILPER Message 00-180.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 18 June 1998.  He completed basic training and advanced individual training and was awarded military occupational specialty 95B (Military Police).

3.  The applicant provided orders that show his unit was attached to Task Force Eagle, Bosnia-Herzegovina to support Operation Joint Forge.  He provided a NATO Medal certificate that shows he served in Bosnia-Herzegovina in support of Operation Joint Forge from 14 March 1999 through 10 September 1999 

4.  The applicant was awarded the Army Achievement Medal on 720th Military Police Battalion Permanent Order Number 229-2, dated on or about 18 August 2000.
5.  The applicant was reassigned to Camp Coiner, Korea on or about 20 October 2000.

6.  On 18 March 2001, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for larceny.  On 1 June 2001, he accepted NJP under Article 15, UCMJ for assault.  His punishment      for this Article 15 consisted, in part, of a forfeiture of pay (suspended until           27 November 2001).

7.  On 3 August 2001, the applicant was discharged.  His DD Form 214 shows
he was awarded the Army Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Grenade bar, the Marksman Marksmanship Qualification Badge with Rifle bar, and the Marksman Marksmanship Qualification Badge with Pistol bar.

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the Kosovo Campaign Medal and the NATO Medal for Kosovo service based on proof of service in support of specific operations beginning in March 1999 in the specified area of operations.  To be eligible for award of the Kosovo Campaign Medal an individual must be in a unit participating in operation for 30 consecutive days or 60 nonconsecutive days and/or meet other established criteria or directly supporting the following operations:  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); 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.  

9.  Army Regulation 600-8-22 provides for 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.

10.  MILPER Message 99-157, subject:  Award of the Armed Forces Expeditionary Medal or Armed Forces Service Medal for Operation Joint Forge in the Former Republic of Yugoslavia, announced the extension of section 572 of the National Defense Authorization Act of Fiscal Year 1998 to allow award of either the AFEM or the AFSM to service members participating in Operation Joint Forge effective 21 June 1998 to a date to be determined.  Unlike the AFEM and AFSM authorized for Operation Joint Endeavor and Operation Joint Guard, no service member will be awarded both the AFEM and the AFSM for participation or direct support of Operation Joint Forge under any circumstance.

11.  On 30 October 2007, the applicant informed the Board analyst that he preferred award of the AFEM.

12.  Army Regulation 600-8-22 provides for award of the Korea Defense Service Medal and specifies award criteria as follows:  a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense;  b) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas;  c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Achievement Medal.  He provided a certificate to show he served in Bosnia-Herzogovina in support of Operation Joint Forge and was awarded the NATO Medal.  He was assigned to Korea for about 10 months and met the eligibility criteria for award of the Korea Defense Service Medal.  These awards should be added to his DD Form 214.

2.  The applicant also requested award of the AFEM, the AFSM, and the Kosovo Campaign Medal.  

3.  The Kosovo Campaign Medal is not authorized for service in support of Operation Joint Forge.  

4.  Unlike the AFEM and AFSM authorized for Operation Joint Endeavor and Operation Joint Guard, no service member will be awarded both the AFEM and the AFSM for participation or direct support of Operation Joint Forge under any circumstance.  The applicant informed the Board analyst that he would prefer award of the AFEM for this service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__wdp___  __gjp___  __jgh___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 amending his DD Form 214 to add the Army Achievement Medal, the NATO Medal, the Armed Forces Expeditionary Medal, and the Korea Defense Service Medal. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Kosovo Campaign Medal.




	__William D. Powers___
          		CHAIRPERSON





INDEX

CASE ID
AR20070009127
SUFFIX

RECON

DATE BOARDED
20071127
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
110.04
2.
107.0135
3.

4.

5.

6.