IN THE CASE OF:
BOARD DATE: 21 January 2009
DOCKET NUMBER: AR20080008058
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Driver Badge, the North Atlantic Treaty Organization (NATO) Medal, and the Kosovo Campaign Medal.
2. The applicant states that he was awarded the Driver Badge on 11 March 2001 and that he was awarded the NATO Medal and the Kosovo Campaign Medal for his service in Kosovo from 7 November 2001 to 19 May 2002.
3. The applicant provides orders for the Driver Badge, an award certificate for the NATO Medal, verification of his deployment history, and a copy of his DD Form 214.
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 enlisted in the Regular Army on 11 March 1999, served as a combat engineer, and was released from active duty on 10 September 2002.
3. The applicants DD Form 214 does not show the Driver Badge, the NATO Medal, or the Kosovo Campaign Medal as authorized awards.
4. Headquarters, Task Force, 27th Engineer Battalion (Combat ) (Airborne) Order Number 069-01, dated 11 March 2001, shows the applicant received the Driver Badge. These orders also show the applicant was assigned to Camp Bondsteel, Kosovo.
5. The applicant provided an award certificate which states, in pertinent part, that he was awarded the NATO Medal for service with NATO on operations in relation to Kosovo during the period 8 November 2001 to 19 May 2002.
6. The applicant also provided a Service Member Deployment History Outprocessing Verification report, dated 29 July 2002, which states, in pertinent part, that he was assigned to Camp Bondsteel (Army Installation) in Serbia for a peace keeping operation from 7 November 2001 to 19 May 2002.
7. MILPER Message Number 00-202 approved the acceptance and wear of the NATO Medal for operations related to Kosovo from 13 October 1998 to a date to be determined for 30 days (continuous or accumulated) in the Federal Republic of Yugoslavia (FRY). FRY is Serbia, Montenegro, Croatia, Bosnia-Herzegovina, and Slovenia; Albania, Macedonia, and the Adriatic and Ionian Seas; or 90 days (continuous or accumulated) in direct support of NATO operations within the territories of Italy, Greece, and Hungary. The NATO Secretary-General offered a second NATO Medal for Kosovo; however, only one NATO Medal is authorized for wear by U.S. military personnel. Service members who were awarded the NATO Medal for operations relating to the Republic of Yugoslavia and the NATO Medal for operations relating to Kosovo will wear a bronze service star on the NATO Medal.
8. MILPER Message Number 00-180 approved establishment of the Kosovo Campaign Medal for service in support of Operations Allied Force, Joint Guardian, Allied Harbor, Sustain Hope/Shining, Noble Anvil, or service with Task Force Hawk, Task Force Saber, or Task Force Hunter during the Kosovo Air Campaign or the Kosovo Defense Campaign. The Kosovo Air Campaign began on 24 March 1999 and ended on 10 June 1999. The Kosovo Defense Campaign began on 11 June 1999 and will end on a date to be determined. To be eligible for award of the Kosovo Campaign Medal an individual must be in a unit participating in or directly supporting the operation for 30 consecutive days or 60 nonconsecutive and/or meet other established criteria. A bronze service star will be worn on this ribbon to denote participation in each authorized campaign.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received the Driver Badge. Therefore, his DD Form 214 should be corrected to show this badge.
2. The award certificate provided by the applicant which shows he was awarded the NATO Medal is accepted as sufficient evidence on which to amend his DD Form 214 to show the NATO Medal.
3. Based on the applicants service in Kosovo, he is eligible for the Kosovo Campaign Medal. Therefore, his DD Form 214 should be corrected to show this medal.
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 adding the Driver Badge, the NATO Medal, and the Kosovo Campaign Medal to his DD Form 214.
_________xxx________________
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) AR20080008058
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