IN THE CASE OF:	  

	BOARD DATE:	  7 August 2008

	DOCKET NUMBER:  AR20080007158 


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 correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the National Defense Service Medal, Army Superior Unit Award, North Atlantic Treaty Organization (NATO) Medal, and the Global War on Terrorism Service Medal.

2.  The applicant states that these awards were omitted from his DD Form 214.

3.  The applicant provides copies of his DD Form 214; assignment orders; memorandum and certificate for award of the Army Superior Unit Award; and information sheets for the National Defense Service Medal, NATO Medal, and the Global War on Terrorism Service Medal.

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.  On 6 February 1997, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 51M (Firefighter).  He was subsequently assigned for duty with the 562nd Engineer Detachment.

3.  The applicant was deployed with his unit during the following periods to the locations shown:

	a.  to Haiti from 15 December 1997 to 12 June 1998;

	b.  to Albania from 30 April to 27 June 1999; and

	c.  to Kosovo from 1 July to 27 October 1999.

4.  On 28 February 2002, the applicant was discharged due to a physical disability.  He had attained the rank of specialist, pay grade E-4, and had completed 5 years and 25 days of creditable active duty.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 lists his awards as the Army Achievement Medal (three awards), Army Good Conduct Medal, Armed Forces Service Medal, Kosovo Campaign Medal, and the Army Service Ribbon.  It does not show award of the National Defense Service Medal, Army Superior Unit Award, or the Global War on Terrorism Service Medal.

6.  Memorandum, United States Total Army Personnel Command, Alexandria, Virginia, dated 21 April 2001, states that the 562nd Engineer Detachment was awarded the Army Superior Unit Award for the period from 2 July to 7 November 1999.

7.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

8.  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 operation 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.  

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Global War on Terrorism Service Medal.  This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined 
for award of the Global War on Terrorism Expeditionary Medal on or after 
11 September 2001 to a date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized this award.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s unit, the 562nd Engineer Detachment, was awarded the Army Superior Unit Award while the applicant was assigned to this unit.  Therefore, his records should be corrected to show this unit award.

2.  Records show that the applicant served during a qualifying period for award of the National Defense Service Medal, NATO Medal, and the Global War on Terrorism Service Medal.  Therefore, his records should be corrected to show these awards.

BOARD VOTE:

___X____  ____X__  ___X____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing, in addition to the awards already listed on his DD Form 214, that his awards include the National Defense Service Medal, NATO Medal, Army Superior Unit Award, and the Global War on Terrorism Service Medal.



	__________X_____________
      	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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080007158



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