IN THE CASE OF:	  

		BOARD DATE:	        06 JANUARY 2009

		DOCKET NUMBER:  AR20080014569 


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 Army Achievement Medal, the Good Conduct Medal, the Kosovo Campaign Medal, and the NATO Medal.

2.  The applicant essentially states that he has no idea why the aforementioned awards were never entered into his military records.  He also states that he was in such a hurry to leave Texas and join his wife and children that he just did not pay attention to the fact that they were not listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty), and just signed this document and got on with his life.  He further states that his father discovered this error when he was helping him apply for a home loan in January 2008.

3.  The applicant provides his DD Form 214; a DA Form 638 (Recommendation for Award) and certificate which awarded him the Army Achievement Medal; orders, dated 3 March 2003 and a certificate which awarded him the Good Conduct Medal for the period 1 September 1999 to 31 August 2002; a Certificate of Achievement, dated 11 June 2000; and his DD Form 4-series (Enlistment/
Reenlistment Document – Armed Forces of the United States) which shows that he enlisted in the Regular Army on 2 September 1999 in support of his 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 2 September 1999.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 12B (Combat Engineer), which was subsequently converted to MOS 21B with the same title.  He then departed for a tour in Germany, and served with the 82nd Engineer Battalion.  After completing his tour in Germany, he was reassigned to Fort Hood, Texas, where he served until he was honorably released from active duty on 
20 December 2003.  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's DD Form 214 does not show that he was awarded the Army Achievement Medal.  However, the applicant provided a properly constituted 
DA Form 638 and a certificate which clearly show that he was awarded the Army Achievement Medal for meritorious service while serving as a Sapper while deployed to Kosovo in support of Task Force Falcon by Headquarters, 82nd Engineer Battalion Permanent Orders 127-6, dated 6 May 2000.

4.  The applicant's DD Form 214 also does not show that he was awarded the Good Conduct Medal.  However, the applicant provided a properly constituted order, Permanent Order 062-16, dated 3 March 2003, published by Headquarters, 91st Engineer Battalion, Fort Hood and a certificate which show that he was awarded the Good Conduct Medal for the period from 1 September 1999 thru 31 August 2002.  The fact that he actually did not begin his active duty service until 2 September 1999 was noted.



5.  The applicant's DD Form 214 does not show that he was awarded the Kosovo Campaign Medal or the NATO Medal.  However, the applicant provided a
DA Form 638 which shows that he was awarded the Army Achievement Medal for meritorious service during the period from 14 January to 20 June 2000, while deployed to Kosovo in support of Task Force Falcon.

6.  During a review of the applicant’s records, it was determined that he is entitled to an additional award that is not shown on his DD Form 214.

7.  The applicant was serving on active duty on 11 September 2001 and continued to serve on active duty until 20 December 2003.  However, 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(es): 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.  Missions/operations 
related to Kosovo (13 October 1998 to a date to be determined) is among those missions/operations approved by the Secretary of Defense, for acceptance and wear of the NATO Medal.

10.  Army Regulation 600-8-22 further 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.  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 his military records should be corrected to show the award of the Army Achievement Medal, the Good Conduct Medal, the Kosovo Campaign Medal, and the NATO Medal.

2.  The applicant provided a properly constituted DA Form 638 and a certificate which clearly show that he was awarded the Army Achievement Medal, and it was determined that these documents were authentic.  Therefore, it would be appropriate at this time to correct his military records to show the award of the Army Achievement Medal.

3.  The applicant also provided a properly constituted order and a certificate which show that he was awarded the Good Conduct Medal for the period
1 September 1999 to 31 August 2002, which were also determined to be authentic.  Therefore, it would be appropriate to correct his military records to show the award of the Good Conduct Medal.  However, as the order which awarded him the Good Conduct Medal did so for the period 1 September 1999 to 31 August 2002 and the applicant did not actually enter active duty until
2 September 1999, it would also be appropriate to correct his military records to show that he was awarded the Good Conduct Medal for the period 2 September 1999 to 1 September 2002, and that he be issued the appropriate order and certificate.

4.  The applicant provided a DA Form 638 which clearly shows that he deployed to Kosovo for more than 30 consecutive days in support of Task Force Falcon.  However, Task Force Falcon is not listed as one of the Kosovo Task Forces entitled to award of the Kosovo Campaign Medal.  Therefore, he is not entitled to correction of his military records to show the award of the Kosovo Campaign Medal.

5.  The applicant's records show he participated in an operation related to Kosovo during the designated period from 13 October 1998 to a date to be determined.  Therefore, he is entitled to award of the NATO Medal and correction of his records to show this award.

6.  The applicant was serving on active duty on 11 September 2001 and continued to serve on active duty until 20 December 2003.  Therefore, he is entitled to award of the Global War on Terrorism Service Medal and correction of his records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ____X____  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.  adding to his DD Form 214 the Army Achievement Medal, Good Conduct Medal, Global War on Terrorism Service Medal, and the NATO Medal; and

	b.  amending his Good Conduct Medal Order to show his period of service as "2 September 1999 to 1 September 2002" and issuing to him the amended order and a reissued certificate.  



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 award of the Kosovo Campaign 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)                                         AR20080014569



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ABCMR Record of Proceedings (cont)                                         AR20080014569



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