IN THE CASE OF:	  

	BOARD DATE:	  12 June 2008

	DOCKET NUMBER:  AR20080005555 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (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 Commendation Medal (ARCOM), the Armed Forces Expeditionary Medal (AFEM), the Kosovo Campaign Medal, the Overseas Service Ribbon (OSR), the North Atlantic Treaty Organization (NATO) Medal, and the Army Service Ribbon (ASR).

2.  The applicant states, in effect, that these medals are not listed on his DD Form 214 because of miscommunication from the overseas duty station.  

3.  The applicant provides no additional documents in support of his application.

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’s complete military personnel records are not available to the Board; however, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

3.  The applicant enlisted in the Regular Army on 20 January 1999 for a period of four years.  He completed infantry training and was awarded military occupational specialty 11M (fighting vehicle infantryman).  He was assigned to Germany on an unknown date.  

4.  The applicant was discharged on 5 November 2004 under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He completed 2 years, 5 months, and 25 days of active military service with 
1,160 days of lost time due to AWOL (absent without leave).  His DD Form 214 erroneously shows he entered active duty on 17 February 1999.  

5.  The applicant’s DD Form 214 shows the ASR as an authorized award.

6.  His DD Form 214 does not show any foreign service in item 12f (Foreign Service) or item 18 (Remarks).  

7.  There are no orders which show the applicant was awarded the ARCOM.  

8.  There is no evidence of record available which indicates the applicant served in Kosovo or that he was awarded the Kosovo Campaign Medal, the NATO Medal, or the AFEM.  

9.  Army Regulation 600-8-22 (Military Awards) provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the AFEM is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.

11.  Award of the Kosovo Campaign Medal and the NATO Medal for Kosovo service are based on proof of service in support of specific operations beginning in March 1999 operations 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 operations for 30 consecutive days or 60 nonconsecutive 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); 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.

12.  Army Regulation 600-8-22 shows that the OSR was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another 
U.S. service medal.  

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence and the applicant has not provided sufficient evidence which shows he was awarded the ARCOM.  Therefore, there is no basis for correction of his DD Form 214 to show award of the ARCOM. 

2.  It appears that the applicant was assigned to Germany; however, it cannot be determined whether he completed a normal overseas tour in Germany.  In addition, it cannot be determined whether he participated in military operations in Kosovo.  Therefore, there is insufficient evidence on which to base correction of his records to show the AFEM, the Kosovo Medal, the OSR, and the NATO Medal.

3.  The applicant’s DD Form 214 already reflects award of the ASR.  Therefore, there is no need for correcting his discharge document to show this award.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

xxx______  xx______  xx_____  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 for correction of the records of the individual concerned.




      xxxxxxx_________________
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080005555





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ABCMR Record of Proceedings (cont)                                         AR20080005555



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