IN THE CASE OF:	  

		BOARD DATE:	        03 FEBRUARY 2009

		DOCKET NUMBER:  AR20080014335 


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 his military records be corrected to show the award of the Kosovo Campaign Medal and the NATO Medal.  He also requests that his military records be corrected to show that his discharge was upgraded.

2.  The applicant states, in effect, that he served in Kosovo from 24 May 2002 to 
1 November 2002, but that his military records do not show that he was awarded the Kosovo Campaign Medal or the NATO Medal.  He also states that his discharge was upgraded.

3.  The applicant provides two pages of correspondence from the Department of Veterans Affairs, a certificate showing that he was awarded the Kosovo Campaign Medal, a certificate awarding him the NATO Medal, and a certificate of training for a 96-hour Soldier Skills Enhancement Program he completed in Ferizaj, Kosovo 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 currently has an application in process with the Army Discharge Review Board (ADRB) in regards to his discharge upgrade and, as a result, this issue will not be discussed further in these proceedings.

3.  The applicant's military records show that he enlisted in the Regular Army on 
9 August 2001 for a period of 4 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63B (Light Wheel Vehicle Mechanic).  He then departed for a tour in Germany in April 2002 and served with Headquarters and Headquarters Company, 1st Battalion, 26th Infantry.  Information from the Defense Finance and Accounting Service (DFAS) shows that he was paid hostile fire pay from May 2002 to November 2002.  On 10 February 2004, the applicant was discharged under the provisions of Chapter 10 (Discharge in Lieu of Trial by Court-Martial), Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations).  The DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he was awarded the National Defense Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon. 

4.  The applicant's DD Form 214 does not show that he was awarded the Kosovo Campaign Medal.  The applicant provided a certificate which shows that he was awarded the Kosovo Campaign Medal for outstanding service and dedication to the peacekeeping mission in Kosovo while assigned to Task Force Falcon, Multinational Brigade (East) [the United States sector in Southeast Kosovo which supported Operation JOINT GUARDIAN – the NATO-led peacekeeping mission in Kosovo].  Research by the analyst in this case confirmed that the lieutenant colonel who signed this certificate was in fact the battalion commander of the applicant's battalion in Germany, and that his battalion deployed to Kosovo.  Additionally, an inquiry to DFAS confirmed that the applicant was paid hostile fire pay from May 2002 through November 2002.  

5.  The applicant's DD Form 214 also does not show that he was awarded the NATO Medal.  The applicant provided a certificate which awarded him the NATO Medal for service with NATO in operations related to Kosovo from 24 May 2002 to 
1 November 2002.

6.  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.

7.  The applicant served on active duty from 9 August 2001 to 10 February 2004, but his DD Form 214 does not show that he was awarded the Global War on Terrorism Service Medal.

8.  Army Regulation 600-8-22 (Military Awards) 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.

9.  Army Regulation 600-8-22 also 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.

10.  Additionally, Army Regulation 600-8-22 provides 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.

11.  Paragraph 5-1 of Army Regulation 600-8-22 states that orders are not published for service medals, but they are annotated on records by the personnel officer. 

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in block 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Kosovo Campaign Medal and the NATO Medal. 

2.  The evidence of record shows that the applicant deployed to Kosovo in support of Operation JOINT GUARDIAN for more than 30 consecutive days during a qualifying period for award of the Kosovo Campaign Medal, and he provided a certificate which shows that he has already been awarded the Kosovo Campaign Medal.  Therefore, he is entitled to correction of his military records to show the award of the Kosovo Campaign Medal.

3.  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.

4.  The applicant served on active duty during a qualifying period for award of the Global War on Terrorism Service Medal.  Therefore, he is entitled to award of the Global War on Terrorism Service Medal and correction of his military records to show this award.

5.  The applicant served in Kosovo in support of Operation JOINT GUARDIAN DURING THE PERIOD 24 May 2002 to 1 November 2002.  Therefore, he is entitled to correction of his military records to show this deployment.

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:

   a.  adding to item 13 of his DD Form 214 the Global War on Terrorism Service Medal, Kosovo Campaign Medal, and the NATO Medal; and
   
   b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KOSOVO FROM 20020524 – 20021101."



      ________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)                                         AR20080014335



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ABCMR Record of Proceedings (cont)                                         AR20080014335



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