IN THE CASE OF:	  

		BOARD DATE:	  14 October 2009

		DOCKET NUMBER:  AR20090008618 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Kosovo Campaign Medal, Multinational Forces and Observers (MFO) Medal, and the North Atlantic Treaty Organization (NATO) Medal.

2.  The applicant states that when he separated from the service these awards were not added as part of his record.  He contends that he earned these medals as part of his duties for Company C, 2nd Battalion, 505th Parachute Infantry Regiment.

3.  The applicant provides an Operation Allied Force Certificate; a memorandum for award of the Kosovo Campaign Medal; temporary change of station orders assigning the applicant's unit to the MFO mission in the Sinai, Egypt; an authorization to wear the MFO Medal; an MFO Certificate of Participation; a Total Army Personnel Command (TAPC) military personnel (MILPER) message pertaining to the NATO Medal; and a copy of his DD Form 214 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 enlisted in the Regular Army (RA) on 28 January 1998.  He served as an infantryman and he was released from active duty on 27 January 2001.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. 

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show the Kosovo Campaign Medal, MFO Medal, or the NATO Medal as authorized awards.

4.  In support of his claim for award of the Kosovo Campaign Medal and the NATO Medal, the applicant provided an Operation Allied Force certificate which states he participated in the stabilization of the Yugoslavian Province of Kosovo as a member of Task Force "Two Panther" in support of Task Force Falcon and Task Force Hawk between 17 April 1999 and 25 September 1999.  He also provided a memorandum, dated 13 July 2000, which states, in pertinent part, that under the provisions of MILPER Message Number 00-180 he met the prerequisites for the Kosovo Campaign Medal.
 
5.  In support of his claim for award of the MFO Medal, the applicant provided temporary change of station orders which show he was assigned to the MFO mission in the Sinai, Egypt on or about 15 July 2000 for approximately 193 days.  He provided an MFO Certificate of Participation which states that he participated in rotation Number 39 in Sinai, Egypt during the period July 2000 to January 2001.  He further provided a memorandum, dated 3 January 2001, which states that he is authorized to wear the MFO Medal based on honorable service during MFO rotation Number 39 from July 2000 to January 2001.      

6.  MILPER Message Number 00-180 approved establishment of the Kosovo Campaign Medal for service in support of Operations Allied Force, Joint Guardian, Allied Harbor, Sustain Hope/Shining, Noble Anvil, or service with Task Force Hawk, Task Force Saber, or Task Force Hunter during the Kosovo Air Campaign or the Kosovo Defense Campaign.  The Kosovo Air Campaign began on 24 March 1999 and ended on 10 June 1999.  The Kosovo Defense Campaign began on 11 June 1999 and will end on a date to be determined.  To be eligible for award of the Kosovo Campaign Medal an individual must be in a unit 
participating in or directly supporting the operation for 30 consecutive days or 60 nonconsecutive and/or meet other established criteria.  A bronze service star will be worn on this ribbon to denote participation in each authorized campaign. Approved designated Kosovo campaign phases and inclusive periods are listed below:

	Kosovo Air Campaign 1999 (24 March - 10 June 1999)
	Kosovo Defense Campaign (11 June 1999 to a date to be determined.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the MFO Medal which was accepted by the President on 28 July 1982.  To qualify for the award, personnel must have served with the MFO at least 
90 days cumulative after 3 August 1981.  Effective 15 March 1985, personnel must serve six months (170 days minimum) with the MFO to qualify for the award.

8.  MILPER Message Number 00-202 approved the acceptance and wear of the NATO Medal for operations related to Kosovo from 13 October 1998 to a date to be determined for 30 days (continuous or accumulated) in the Federal Republic of Yugoslavia (FRY).  FRY is Serbia, Montenegro, Croatia, Bosnia-Herzegovina, and Slovenia; Albania, Macedonia, and the Adriatic and Ionian Seas; or 90 days (continuous or accumulated) in direct support of NATO operations within the territories of Italy, Greece, and Hungary.  The NATO Secretary-General offered a second NATO Medal for Kosovo; however, only one NATO Medal is authorized for wear by U.S. military personnel.  Service members who were awarded the NATO Medal for operations relating to the Republic of Yugoslavia and the NATO Medal for operations relating to Kosovo will wear a bronze service star on the NATO Medal.

9.  The NATO Medal is awarded by the Secretary-General of NATO to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations.  Acceptance of the NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of operations related to Kosovo from 
13 October 1998 to a date to be determined.  In June 2006, the U. S. Army Human Resources Command (HRC) dispatched a message which constituted approval for eligible Soldiers to accept and wear the NATO Medal.

10.  The HRC website, which contains a "frequently asked questions" section concerning military awards for Army members, notes that to add the NATO Medal to a Soldier’s record the Solider must have been issued a certificate and refers Soldiers to the June 2006 authorizing message noted in paragraph 8 for 
procedures to secure the certificate.  That message indicated Soldiers should submit a request to the USNMR (United States National Military Representative) at Supreme Headquarters Allied Powers Europe (SHAPE), Belgium:  
usnmr@beneluz.army.mil if their certificate was lost or if requesting a replacement certificate.  Soldiers were advised to include their social security number, name, rank, nationality, service, unit, location, periods of service, and number of days deployment in their request.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant’s service in Kosovo, he is eligible for the Kosovo Campaign Medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The MFO certificate which states that the applicant participated in rotation Number 39 in the Sinai, Egypt during the period July 2000 to January 2001 and the additional supporting documents he provided are accepted as sufficient evidence on which to amend his DD Form 214 to show award of the MFO Medal.

3.  While the applicant’s service in Kosovo appears to meet the eligibility requirements for award of the NATO Medal, in the absence of the required certificate there is insufficient evidence on which to base correcting his record to show the award.  The applicant is advised to submit a request for a certificate via the procedures outlined in paragraph 10 above.  Once the applicant secures the certificate he may then submit a new request to this Board to have the award added to his DD Form 214.

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 item 13 of his DD Form 214 the Kosovo Campaign Medal with two bronze service stars and the MFO 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 amending his DD Form 214 to add the NATO Medal.



      __________x____________
               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)                                         AR20090008618



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ABCMR Record of Proceedings (cont)                                         AR20090008618



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