IN THE CASE OF:	  

		BOARD DATE:	    17 February 2010

		DOCKET NUMBER:  AR20090009388 


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 Army Commendation Medal, Army Achievement Medal (2nd Oak Leaf Cluster), Combat Action Badge, and any other awards for his service in Kosovo.

2.  The applicant states that he served in Kosovo on 12 May 1999 and earned the awards. 

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 5 August 2000; and a copy of Headquarters, U.S. Army Europe, Schweinfurt Transition Center, Germany, Orders 069-002, dated 9 March 2000, in support of his request.

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 U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 7 November 1995 for a period of 8 years.  He was discharged from the USAR DEP on 5 August 1996 and he enlisted in the Regular Army (RA) on 6 August 1996 for a period of 4 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 19D (Cavalry Scout).  He was honorably released from active duty on 5 August 2000 in the rank/grade of specialist (SPC)/E-4 and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.

3.  The applicant's records further show that he served in Germany from 23 January 1998 to 22 January 2000.  During that service, he deployed to Macedonia and he received hazardous fire/imminent danger pay (HF/IDP) from
2 July 1999 through 11 December 1999.  He was assigned to Headquarters and Headquarters Company, 1st Battalion, 77th Armor.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Army Good Conduct Medal, Army Service Ribbon, and the Overseas Service Ribbon.

5.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) only shows the Army Good Conduct Medal and the Army Service Ribbon as authorized awards.

6.  There are no orders in the applicant's records that show he was awarded the Army Commendation Medal, Army Achievement Medal (2nd Oak Leaf Cluster), or the Combat Action Badge.

7.  An email from the Defense Finance and Accounting Service, Indianapolis, IN, indicates the applicant received HF/IDP for service in Macedonia from 2 July 1999 through 11 December 1999.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that:

	a.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Army Achievement Medal may be awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

	c.  The Combat Action Badge provides special recognition to Soldiers who personally engaged, or are engaged by the enemy.  The requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  The regulation also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined and that the Combat Action Badge will be announced in permanent orders.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.

	d.  The Kosovo Campaign Medal is awarded based on proof of service in support of specific operations beginning in March 1999 operations in the specified area of operations.  To be eligible for award of the Kosovo Campaign Medal an individual must be in a unit participating in operation for 30 consecutive days or 60 nonconsecutive and/or meet other established criteria or directly supporting the following operations:  Operation Allied Force (24 March 1999 through 10 June 1999); Operation Joint Guardian (11 June 1999 through a date to be determined); Operation Allied Harbour (4 April 1999 through 1 September 1999); Operation Sustain Hope/Shining Hope (4 April 1999 through 10 July 1999); Operation Noble Anvil (24 March 1999 through 20 July 1999); or Kosovo Task Forces Hawk (5 April 1999 through 24 June 1999); Saber (31 March 1999 through 8 July 1999); Falcon (11 June 1999 through a date to be determined), coinciding with Joint Guardian; or Hunter within areas of operation for the Kosovo Air Campaign and/or the Kosovo Defense Campaign.

	e.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Achievement Medal.


DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Army Commendation Medal, Army Achievement Medal (2nd Oak Leaf Cluster), and the Combat Action Badge.

2.  The evidence of record shows the applicant received HF/IDP for his service in Macedonia from 2 July 1999 through 11 December 1999.  Based on this qualifying period of service, he is entitled to award of the Kosovo Campaign Medal and correction of his records to show this award.

3.  With respect to the Army Commendation Medal, there is no evidence of record and the applicant did not provide any evidence that shows he was recommended for and/or awarded the Army Commendation Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Army Commendation Medal.  Therefore, he is not entitled to correction of his records to show this award.

4.  With respect to the Army Achievement Medals, there is no evidence in the available records and the applicant did not provide any evidence that shows he was recommended for and/or awarded any Army Achievement Medals.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Army Achievement Medal.  Therefore, he is not entitled to correction of is records to show any awards of the Army Achievement Medal.

5.  With respect to award of the Combat Action Badge, this award is not intended for all Soldiers who served in a combat zone or imminent danger area.  In addition, retroactive award of the Combat Action Badge is not authorized prior to 18 September 2001.

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.

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 Army Commendation Medal, Army Achievement Medal (2nd Oak Leaf Cluster), and the Combat Action Badge.



      _________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)                                         AR20090009388



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ABCMR Record of Proceedings (cont)                                         AR20090009388



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