IN THE CASE OF:	  

		BOARD DATE:	        22 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090007109 


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 award of the Kosovo Campaign Medal, Army Good Conduct Medal (AGCM), Armed Forces Expeditionary Medal (AFEM), and the Army Achievement Medal (AAM) first oak leaf cluster (1OLC).

2.  The applicant states that these awards were not listed on his 6 August 2000 DD Form 214 (Certificate of Release or Discharge From Active Duty).

The applicant provides no additional documents 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 records show he enlisted in the Regular Army on 7 August 1996.  He served 4 years on active duty and was honorably discharged on
6 August 2000.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) lists the following awards:  Army Service Ribbon; Overseas Service Ribbon; United Nations Medal; and the NATO Medal.  

4.  Item 18 (Remarks) of the applicant's DD Form 214 shows that he served in Macedonia from 17 February 1999 to 15 May 1999.  There is no entry in this block that shows that the applicant served in Kosovo.

5.  Permanent Orders 230-01, dated 17 August 2000 show that the applicant was awarded the AAM for meritorious service from 12 January 2000 to 13 July 2000.  

6.  Permanent Orders 136-59, dated 23 August 2000 show that the applicant was awarded the AGCM for the period 7 August 1996 to 6 August 1999.

7.  The applicant’s Personnel Qualification Record – Part II and his Official Military Personnel File (OMPF) do not show that he served in Kosovo during his period of service.  Item 5 (Overseas Service), of his Personnel Qualification Record, does not show he served overseas in Kosovo. 

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.  MILPER Message Number 99-157 announced the extension of Section 572, National Defense Authorization Act, FY98, November 1997, to allow award of either the Armed Forces Expeditionary Medal or the Armed Forces Service Medal to service members participating in Operation Joint Forge effective 21 June 1998 to a date to be determined.  Award of the Armed Forces Expeditionary Medal is limited to only those participants in or providing direct support to Operation Joint Forge who are or were deployed in the countries of Bosnia-Herzegovina and Croatia, aboard US Naval Vessels operating in the Adriatic Sea, and their respective air space.  Award of the Armed Forces Service Medal is limited to only those participants in or providing direct support to Operation Joint Forge who are or were deployed in Slovenia, Montenegro, Macedonia, Serbia, and Hungary; and their respective air space.  Unlike the Armed Forces Expeditionary Medal and Armed Forces Service Medal authorized for Operation Joint Endeavor and Operation Joint Guard, no service member will be awarded both the Armed Forces Expeditionary Medal and the Armed Forces Service Medal for participation or direct support of Operation Joint Forge, under any circumstance.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence and the applicant has failed to provide any to show that he was assigned or deployed to Kosovo.  Therefore, there is no basis for granting this part of his request.

2.  Permanent Orders 136-59 awarded the applicant the AGCM which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the AGCM for the period 7 August 1996 to 
6 August 1999.

3.  The applicant requests 5 awards of the AFEM.  There is no evidence to show that the applicant was deployed in Bosnia-Herzegovina and Croatia between
1 June 1992 and 20 June 1998 as part of Operations Joint Endeavor and Joint Guard.  Therefore, he is not entitled to the award of the AFEM.  However, he is entitled to the award of the Armed Forces Service Medal (AFSM) based on his service in Macedonia.



4.  Permanent Orders 230-01 awarded the applicant the AAM which is not shown on his DD Form 214.  There is no evidence that he was awarded two awards of the AAM.  Therefore, his records will be corrected to show only the award of the AAM and not the AAM (1OLC).

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 adding to his DD Form 214:

	a.  the AGCM for the period 7 August 1996 to 6 August 1999; and

	b.  the AAM and the AFSM.

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 the award of the Kosovo Campaign Medal, the AFEM and the AAM (1 OLC).  




      _______ _   __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)                                         AR20090007109





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090007109



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1