IN THE CASE OF:
BOARD DATE: 7 August 2008
DOCKET NUMBER: AR20080007432
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, that the North Atlantic Treaty Organization (NATO) and Kosovo Campaign Medal (KCM) be added to the awards listed on his separation document (DD Form 214).
2. The applicant states, in effect, he is entitled to the NATO Medal and KCM based on his service in Albania in 1999, and he requests they be added to his DD Form 214 at this time.
3. The applicant provides the following documents in support of his application: Personnel Qualification Record (DA Form 2-1); DD Form 214; Correction to
DD Form 214 (DD Form 215); KCM and NATO Medal Internet Documents.
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 applicants 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 applicants 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 record shows that he enlisted in the Regular Army and entered active duty on 20 March 1994, and was trained in and awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).
3. The applicant's DA Form 2-1 shows, in Item 5 (Overseas Service) that the applicant served in Bosnia from 18 March through 27 October 1997 and in Albania from 14 April through 6 July 1999. The KCM is not included in Item 9 (Awards, Decorations & Campaigns) and only one award of the NATO Medal is listed in Item 9.
4. On 8 September 2000, the applicant was honorably discharged, in the rank of sergeant, after completing 6 years, 5 months, and 19 days of active military service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards: National Defense Service Medal (NDSM); Armed Forces Service Medal (AFSM); NATO Medal; Army Achievement Medal (AAM) 2nd Award; Army Good Conduct Medal (AGCM); Humanitarian Service Medal (HSM), 2nd Award; Armed Forces Expeditionary Medal (AFEM); Army Service Ribbon (ASR); Overseas Service Ribbon (OSR); and Noncommissioned Officer Professional Development Ribbon (NCOPDR).
5. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-15 contains guidance on the KCM. It states, in pertinent part, that it is authorized for members who after 24 March 1999, participated in or served in direct support of Operation Joint Guard, Allied Harbour, Sustain Hope/Shining Hope, Noble Anvil, or Kosovo Task Forces Hawke, Saber, or Hunter within the Kosovo Air Campaign or Kosovo Land Campaign areas of eligibility, which included Albania. The Kosovo Air Campaign began on 24 March 1999 and ended on 10 June 1999, and the Kosovo Defense Campaign began on 11 June 1999, to a date to be determined. A bronze service star will be worn with the KCM for each Kosovo campaign a member is credited with participating in.
6. Paragraph 9-11 of the awards regulation contains guidance on the NATO Medal. It states, in pertinent part, that it was authorized for operations related to the former Republic of Yugoslavia from 14 November 1995 to a date to be determined and for operations related to Kosovo from 13 October 1998 to a date to be determined. A bronze service star will be awarded to denote a second or subsequent award of the NATO Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the KCM and NATO Medal he is entitled to for his service in Albania should be added to Item 13 of his DD Form 214 was carefully considered and found to have merit. By regulation, the KCM and NATO Medal were authorized for 30 days of consecutive or 60 days of non-consecutive service in support of operations related to Kosovo in designated areas of eligibility, which included Albania, from 24 March 1999 through a date to be determined.
2. The evidence of record confirms the applicant served in Albania for 3 months between 14 April and 6 July 1999, and that based on this service and his campaign participation, he is entitled to the KCM with 2 bronze service stars and the 2nd award of the NATO Medal. Therefore, it would be appropriate to add these awards to his record and separation document at this time.
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 amending Item 13 of his 8 September 2000 DD Form 214 by adding the Kosovo Campaign Medal with 2 bronze service stars and the North Atlantic Treaty Organization Medal with 1 bronze service star (2nd Award); and by providing him a correction to his separation document that includes these awards.
_______ 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) AR20080007432
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080007432
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130015819
The applicant contends that his records should be corrected to show award of the KCM and NATO Medal for Kosovo Operations because he served in Albania in support of TF Hawk. The DA Form 638 awarding him the ARCOM while deployed with TF Hawk shows the period of service from 8 April 1999 through 6 July 1999, whereas DFAS records show the period of his deployment as 15 April 1999 through 4 July 1999. b. The NATO Medal is not an Army award; therefore, this Board has no authority to award it.
ARMY | BCMR | CY2014 | 20140010834
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the following awards: * three Army Achievement Medals (AAM) * Army Commendation Medal (ARCOM) * Armed Forces Expeditionary Medal (AFEM) * North Atlantic Treaty Organization (NATO) Medal * Armed Forces Service Medal (AFSM) * Afghanistan Campaign Medal (ACM) * Global War on Terrorism Expeditionary Medal (GWOTEM) * Kosovo Campaign Medal (KCM) 2. The 30 consecutive or 60...
ARMY | BCMR | CY2011 | 20110000405
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Kosovo Campaign Medal and the North Atlantic Treaty Organization (NATO) Medal. Chapter 2 of this regulation states for: * item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 * item 18, for active duty Soldiers deployed with...
ARMY | BCMR | CY2014 | 20140003782
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Global War on Terrorism Expeditionary Medal (GWOTEM) * Global War on Terrorism Service Medal (GWOTSM) * Afghanistan Campaign Medal (ACM) * Northern Atlantic Treaty Organization (NATO) Medal * Kosovo Campaign Medal (KCM) * Army Commendation Medal (ARCOM) 2. The applicant's record is void of any documentation showing the specific dates of his deployment to...
ARMY | BCMR | CY2009 | 20090018075
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 AR2002079535 on 17 April 2003. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. 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 as follows: a. item 13 - add the...
ARMY | BCMR | CY2005 | 20050004498C070206
LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that her separation document (DD Form 214) be corrected to show combat service she performed in support of a military operation. Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.
ARMY | BCMR | CY2011 | 20110002995
Item 18 of the applicants 22 June 2005 DD Form 214 confirms service in Iraq from 16 March 2004 through 5 May 2005. The applicant's request to be awarded the ICM in lieu of the GWOTEM, and the ACM with two bronze service stars and bronze arrowhead, KCM, NATO Medal and 2nd Award of the CIB has been carefully considered and found to have merit. Therefore, it would also be appropriate to award him the KCM with one bronze service star and NATO Medal based on this qualifying service and...
ARMY | BCMR | CY2014 | 20140004393
The applicant contends, in effect, that his discharge should be upgraded because the separation authority did not consider the positive aspects of his military service, particularly his awards and decorations, and his DD Form 214 should be corrected to show the correct information. The evidence of record shows that item 11 of his DD Form 214 (Copy 2 Service) does not show his MOS. The NATO Medal is not an Army award; therefore, this Board has no authority to award it.
ARMY | BCMR | CY2011 | 20110013109
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty): a. for the period ending 29 September 2000 to show award of the Kosovo Campaign Medal with two bronze service stars, North Atlantic Treaty Organization (NATO) Medal, and Army Superior Unit Award; and b. his DD Form 214 for the period 23 March 2002 through 8 March 2003 to show the Kosovo Campaign Medal with two bronze service stars. As a result, the Board recommends that...
ARMY | BCMR | CY2014 | 20140003412
The applicant requests that the Kosovo Campaign Medal (KCM) and the Armed Forces Expeditionary Medal (AFEM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). Records available to the Board indicate the applicant was an MIARNG Soldier serving in pay grade E-5 at the time he was ordered to active duty on 31 December 1996 in support of Operation Joint Guard. The evidence available to the Board confirms the applicant deployed to Hungary for a period of 6...