IN THE CASE OF:	  

		BOARD DATE:	        04 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080009587 


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 he be awarded the Iraq Campaign Medal (ICM), the Kosovo Campaign Medal, the NATO Medal, and the Global War on Terrorism Expeditionary Medal (GWOTEM).

2.  The applicant essentially states that he was not awarded the aforementioned medals before being released from active duty and that they are not listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also states that he has copies of orders that deployed him to Iraq and certificates issued during his deployment to Kosovo, but that he has not received any medals, and wishes that they be added to his DD Form 214.  He further states that he did not realize that these medals should have been listed on his DD Form 214 until his veteran's service officer brought it to his attention on 1 May 2008.

3.  The applicant provides his DD Form 214; orders, dated 29 January 2003, as amended by orders, dated 27 March 2003, which directed certain members of the 204th Aviation Battalion to proceed on temporary change of station (TCS) to the United States Central Command (CENTCOM) area of responsibility on or about 5 April 2003; a Certificate of Achievement, dated 5 June 2001; a certificate awarding him the NATO Medal; a Certificate of Achievement, dated 24 May 2001; and a letter, dated 8 May 2008, for the State of Idaho Division of Veterans Services in support of this 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 military records show that he enlisted in the Regular Army on 24 February 2000.  He completed basic and advanced individual training and was awarded military occupational specialty 63W (Wheeled Vehicle Repairer).  His DD Form 214 shows that he served 1 year, 11 months, and 24 days of foreign service, and his Enlisted Record Brief appears to show that he served in Germany.  He was then reassigned to Fort Hood, Texas, in October 2002, and was stationed there until he was honorably released from active duty on 23 February 2004.  The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the National Defense Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon.

3.  The applicant requested that he be awarded the ICM and provided orders, dated 29 January 2003, as amended by orders, dated 27 March 2003, which essentially directed certain members of the 204th Aviation Battalion to proceed on TCS to the United States CENTCOM area of responsibility on or about 5 April 2003.  However, subparagraph n of the basic orders essentially shows that accompanying personnel actually going on TCS were identified on an attached roster, but the applicant did not provide this roster.  There is no evidence in the applicant's military records which confirms whether or not he was one of the members of this unit to deploy, and an inquiry to the Defense Finance and Accounting Service (DFAS) only yielded evidence that the applicant received hostile fire pay for the months of May and June of 2001 for service in Macedonia.

4.  The applicant also requested that he be awarded the Kosovo Campaign Medal and provided two Certificates of Achievement which essentially shows that he served with the Multinational Brigade East [the United States sector in Southeast Kosovo which supported Operation JOINT GUARDIAN – the NATO-led peacekeeping mission in Kosovo] in 2001.  The inquiry to the DFAS also essentially showed that he received hostile fire pay in May and June of 2001.
5.  The applicant's DD Form 214 does not show that he was awarded the NATO Medal; however, the applicant provided a certificate which shows that he was awarded the NATO Medal for service with NATO on operations in relation to Kosovo during the period 3 May 2001 to 12 June 2001.

6.  The applicant further requested that he be awarded the GWOTEM.  However, he is being awarded the Kosovo Campaign Medal for his service in and around Kosovo, and there is no evidence that the applicant served 30 consecutive days or 60 nonconsecutive days in an area of eligibility for award of the GWOTEM.

7.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

8.  The applicant served on active duty from 24 February 2000 to 23 February 2004; however, his DD Form 214 does not show that he was awarded the Global War on Terrorism Service Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that individuals authorized the ICM must have served in direct support of Operation IRAQI FREEDOM.  The area of eligibility encompasses all land area of the country of Iraq, and the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The ICM period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of Operation IRAQI FREEDOM.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, while participating in an operation or on official duties; (2) is wounded or injured and requires medical evacuation from the area of eligibility, or (3) while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations; each day of operations counts as one day of eligibility.  Under no condition will a Soldier receive both the ICM and the GWOTEM for the same action, time period, or service.

10.  Army Regulation 600-8-22 also provides, in pertinent part, that the Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of Kosovo Operation(s):  ALLIED FORCE; JOINT GUARDIAN; ALLIED HARBOUR; SUSTAIN HOPE/SHINING HOPE; NOBLE ANVIL; or Kosovo TASK FORCE(S): HAWK, SABER; or HUNTER within the Kosovo Air Campaign or Kosovo Defense Campaign areas of eligibility.  Service members must be 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 non-consecutive days provided this support involves entering the operations area of eligibility or meet one or more of the following criteria:

	a.  be engaged in actual combat, or duty that is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area of eligibility; 

	b.  while participating in the operation, regardless of time, is wounded or injured and requires medical evacuation from the area of eligibility; or

	c.  while participating as a regularly assigned aircrew member flying sorties into, out of, within, or over the area of eligibility in direct support of the military operations.

11.  Army Regulation 600-8-22 further provides, in pertinent part, that the NATO Medal is awarded by the Secretary-General of the North Atlantic Treaty Organization to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations.  Operations related to Kosovo from 13 October 1998 to a date to be determined is one of the designated NATO operations that qualifies for award of the NATO Medal.

12.  Additionally, Army Regulation 600-8-22 provides, in pertinent part, that the GWOTEM is awarded to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September, 2001 to a date to be determined.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in an area of eligibility.  Initial award of the GWOTEM is limited to service members deployed abroad in Operations ENDURING FREEDOM and IRAQI FREEDOM in the following designated specific geographic areas of eligibility (AOE):  Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.

13.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside the designated areas of eligibility for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a future date to be determined. 

14.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the ICM, the Kosovo Campaign Medal, the NATO Medal, and the GWOTEM.

2.  While the sincerity of the applicant's claim to entitlement to award of the ICM is not questioned, the orders provided by the applicant which appear to show that certain members of his unit at Fort Hood, Texas, proceeded on TCS to the CENTCOM area of responsibility does not prove that the applicant himself actually served in Iraq.  Orders do not certify duty; they indicate a planned action and obligate funds.  They do not verify that duty was performed since they can be revoked or amended.  Substantiating evidence in the form of leave and earnings statements showing receipt of hostile fire pay, flight manifests, etc., are required to provide actual proof of service.  The applicant failed to provide any evidence which conclusively shows that he deployed to the Iraq for a period of 30 consecutive or 60 non-consecutive days, and an inquiry to the DFAS failed to show that he received hostile fire pay on or after 5 April 2003.  In view of the foregoing, there is insufficient basis upon which to award him the ICM in this case.

3.  The evidence of record shows that the applicant served with the Multinational Brigade East in support of Operation JOINT GUARDIAN, and that he received hostile fire pay for the months of May and June of 2001.  Therefore, it would be appropriate at this time to award him the Kosovo Campaign Medal and to correct his military records to show the award of the Kosovo Campaign Medal.

4.  The applicant was awarded the NATO Medal; however, it is not shown on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the NATO Medal.

5.  As the applicant's service in and around Kosovo is being recognized by his award of the Kosovo Campaign Medal, and there is no evidence that the applicant served 30 consecutive days or 60 nonconsecutive days in an area of eligibility for award of the GWOTEM, there is insufficient basis upon which to award him the GWOTEM in this case.

6.  The applicant served on active duty from 24 February 2000 to 23 February 2004.  Therefore, he is entitled to award of the Global War on Terrorism Service Medal and correction of his military records to show the award of the Global War on Terrorism Service Medal. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Kosovo Campaign Medal and the Global War on Terrorism Service Medal; and

	b.  showing the award of the NATO Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding him the ICM or the GWOTEM.

3.  The Board wants to thank the applicant for the sacrifices he made in service to the United States.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      ___        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)                                         AR20080009587



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ABCMR Record of Proceedings (cont)                                         AR20080009587



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