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ARMY | BCMR | CY2008 | 20080000788
Original file (20080000788.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2008
	DOCKET NUMBER:  AR20080000788 


	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.




Director



Analyst


      The following members, a quorum, were present:




Chairperson



Member



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 reconsideration of an earlier appeal that his records show award of the Kosovo Campaign Medal. 

2.  The applicant states, in effect, that he is submitting an identification card as additional evidence of his service in Kosovo from 12 April 2002 to 21 May 2002 in support of his request to be awarded the Kosovo Campaign Medal.

3.  The applicant provides a Kosovo Force Identification Card, with the expiration date of December 2002.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060016164, on 10 May 2007.

2.  The applicant's contention is a new argument and he has provided new evidence which will be considered by the Board. 

3.  The applicant enlisted in the Regular Army on 29 June 2001.  His Enlisted Record Brief, dated 9 February 2006, shows he was assigned to Germany on 
20 November 2001.  He was awarded the North Atlantic Treaty Organization (NATO) Medal for service with NATO operations in relation to Kosovo during the period 12 April 2002 through 21 May 2002.  He redeployed from Kosovo on 
27 May 2002.

4.  The applicant provided a Kosovo Force Identification Card, with the expiration date of December 2002.  

5.  On 27 March 2006, the applicant was honorably discharged due to disability.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) with the 
period ending 27 March 2006 does not show award of the Kosovo Campaign Medal.

6.  Army Regulation 600-8-22 (Military Awards) states the Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, meet the following criteria:

	(1) participated in or served in direct support of Kosovo Operation(s): 
Allied Force; Operation Joint Guardian; Operation Allied Harbour; Operation Sustain Hope/Shinning Hope; Operation Noble Anvil; or Kosovo Task Forces Hawk, Saber, Falcon, or Hunter within the Kosovo Air Campaign or Kosovo Defense Campaign areas of eligibility; and 

	(2) were bona fide members of a unit participating in or be engaged in direct support of the operation for 30 consecutive days in the area of eligibility or for 60 nonconsecutive days provided this support involved entering the operations' area of eligibility or met certain other criteria.

DISCUSSION AND CONCLUSIONS:

The applicant provided a Kosovo Force Identification Card.  However, the Kosovo Force Identification Card is not enough evidence to show what operation he participated in.  Such evidence might include a statement from a member of the applicantÂ’s chain of command at the time of his service in Kosovo verifying he participated in Operation Allied Force, or Joint Guardian, or any of the other qualifying operations.  Since it cannot be determined if he participated in one of the operations listed in the governing regulation as being an eligible operation for award of the Kosovo Campaign Medal, there is insufficient evidence on which to base award of the Kosovo Campaign Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX  __  ___XXX__  __XXX__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20060016164, dated 10 May 2007.



      ___             XXX       __
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20080000788


3


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508




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