IN THE CASE OF:	  

		BOARD DATE:	        23 OCTOBER 2008

		DOCKET NUMBER:  AR20080012521 


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 that he be furnished a Correction to his DD Form 214 (DD Form 215) to show that he was awarded the Kosovo Campaign Medal and the NATO Medal for his service in Kosovo.

2.  The applicant states that he was awarded the Kosovo Campaign Medal and the NATO Medal for his service in Kosovo and that the awards were never included on his Certificate of Release or Discharge from Active Duty (DD Form 214).

3.  The applicant provides in support of his application, two copies of a Recommendation for Award of the Army Achievement Medal, dated 10 October 2000; a copy of a Task Force 503 Military Police, Kosovo, certificate recognizing his meritorious achievement from 28 May 2000 through 8 December 2000; Permanent Orders 293-78, dated 19 October 2000, awarding him the Army Achievement Medal; 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 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 18 November 1998, the applicant enlisted in the Regular Army in St. Louis, Missouri, for 3 years, in the pay grade of E-2.  He successfully completed his training as a military policeman.

3.  The applicant’s records show that he was at Camp Bondsteel, Kosovo, when Permanent Order Number 293-78 was published on 19 October 2000, awarding him the Army Achievement Medal for meritorious achievement as a member of Task Force Falcon 2A, Kosovo Force, during NATO Operation Joint Guardian II from 28 May 2000 through 5 December 2000.  The certificate that he submitted in support of his application shows that he was also furnished a Task Force 503 MP Coin in recognition of his meritorious achievement while he was a member of Task Force Falcon 2A.

4.  The applicant was honorably retired by reason of physical disability on 16 July 2002, and he was placed on the Temporary Disability Retired List.  The DD Form 214 that he was furnished at the time of retirement shows he was awarded the Army Lapel Button; the Joint Service Achievement Medal; the Army Achievement Medal; the Army Good Conduct Medal; the National Defense Service; the Army Service Ribbon; the Expert Marksmanship Qualification Badge with Rifle Bar; the Expert Marksmanship Qualification Badge with Pistol Bar and Grenade Bar; and the Driver and Mechanic Badge with Driver-W Bar.

5.  Army Regulation 600-8-88 (Military Awards) provides that the Kosovo Campaign Medal was established by Executive Order 13154, dated 3 May 2000. It 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 or Noble Anvil or Kosovo Task Force(s) Hawk, Saber or Hunter within the Kosovo Air Campaign or Kosovo Defense Campaign areas of eligibility.  The Kosovo Defense Campaign began on 11 June 1999 to a date to be determined.  The area of eligibility for the Defense Campaign includes the total land area and air space of Serbia (including Kosovo), Montenegro, Albania, Macedonia, and the waters and air space of the Adriatic Seas within 12 nautical miles of the Montenegro, Albania, and Croatia coastlines south of 42 degrees and 52 minutes North latitude.  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 nonconsecutive days provided this support involves entering the operations area of eligibility or service members must meet one or more of the following criteria:  (1) 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; (2) while participating in the operation, regardless of time, is wounded or injured and requires medical evacuation from the area of eligibility; or (3) 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.

6.  Army Regulation 600-8-22 also provides that the NATO Medal is awarded by the Secretary-General of the North Atlantic Treaty Organization (NATO) to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations.  The following missions/operations have been approved by the Secretary of Defense, for acceptance and wear:  (1) Operations related to the former Republic of Yugoslavia (14 November 1995 to a date to be determined); (2) Operations related to Kosovo (13 October 1998 to a date to be determined); (3) Operation Eagle Assist (12 October 2001 to 16 May 2002); (4) Operation Active Endeavor (26 October 2001 to a date to be determined); (5) International Security Assistance Force in Afghanistan (1 June 2003 to a date to be determined); and (6) Operations in the Balkans (1 January 2003 to a date to be determined).  Acceptance of the NATO Medal has been approved for United States military personnel who serve under NATO command or operational control in direct support of the above NATO operations. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records show that he met the criteria for award of the Kosovo Campaign Medal and the NATO Medal.

2.  His records show that he was at Camp Bondsteel, Kosovo, when Permanent Order Number 293-78 was published on 19 October 2000, awarding him the Army Achievement Medal for meritorious achievement as a member of Task Force Falcon 2A, Kosovo Force, during NATO Operation Joint Guardian II from 28 May 2000 through 5 December 2000.  The certificate that he submitted in support of his application shows that he was also furnished a Task Force 503 MP Coin in recognition of his meritorious achievement while he was a member of Task Force Falcon 2A.  Therefore, his DD Form 214 should be corrected to include the Kosovo Campaign Medal and the NATO Medal.

3.  In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.

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 his DD Form 214 to show that he was awarded the Kosovo Campaign Medal and the NATO Medal.




      _______ _ 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)                                         AR20080012521



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ABCMR Record of Proceedings (cont)                                         AR20080012521



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