IN THE CASE OF:	

		BOARD DATE:	  25 May 2010

		DOCKET NUMBER:  AR20090018075 


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 reconsideration of his earlier request that his record be corrected to document his service in Kosovo and by awarding him the United Nations Service Medal [taken to mean the United Nations Medal (UNM)], Kosovo Campaign Medal (KCM), and Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states he served in Kosovo and should have been awarded the UNM, KCM, and AFEM.

3.  The applicant provides no documentary evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2002079535 on 17 April 2003.

2.  During its original review of the case, the Board found no evidence of record to confirm the applicant's service in Kosovo and it denied granting the requested relief.

3.  The applicant's record shows he enlisted in the Regular Army and entered active duty on 13 September 1995.  He was trained in and awarded military occupational specialty 54B (Chemical Operations Specialist).

4.  The applicant's official military personnel file contains a Headquarters, 3rd Brigade, 1st Infantry Division, memorandum, dated 3 June 2000, subject:  Award of the NATO [North Atlantic Treaty Organization] Medal.  It indicates the personnel on the spreadsheet attached to the memorandum were assigned or attached to the 1st Battalion, 6th Field Artillery Regiment, 3rd Brigade, 1st Infantry Division, conducting peace-keeping operations in support of Operation Joint Guardian in Kosovo from 17 November 1999 through 10 June 2000.  It further indicated information on this award should be annotated in the appropriate Soldier's military personnel records jacket.

5.  The KCM roster spreadsheet attached to the memorandum contained a list of Soldiers, including the applicant, who deployed to Kosovo and identified the specific dates of their service.  The Kosovo service dates listed for the applicant were from 30 November 1999 through 10 June 2000.

6.  On 19 April 2002, the applicant was discharged in the rank of private 
first class/E-3 after completing 6 years, 7 months, and 7 days of active military service and was issued a general under honorable conditions discharge.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows he earned the following awards during his active duty tenure:

* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars

7.  Item 18 (Remarks) of the applicant's DD Form 214 does not include an entry pertaining to his Kosovo service.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item preparation instructions for the DD Form 214.  The instructions for item 13 state to list all awards and decorations for all periods of service.  The instructions for item 18 state, for active duty Soldiers deployed with their unit during the period covered by the DD Form 214, add the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18.
9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-12 contains guidance on the AFEM.  It states it is authorized for service in support of Operations Joint Endeavor and Joint Guard in the Former Republic of Yugoslavia during the period from 1 June 1992 through 20 June 1998; however, there is no indication it was authorized for Operation Joint Guardian in Kosovo.

10.  Paragraph 2-15 of Army Regulation 600-8-22 contains guidance on the KCM.  It states it is awarded for service in Kosovo after 24 March 1999 in direct support of Operations Allied Force, Joint Guardian, Allied Harbour, Sustain Hope/Shining Hope, Noble Anvil, or Task Force(s) Hawk, Saber, or Hunter within the Kosovo Air Campaign or Kosovo Defense Campaign.  A bronze service star is authorized with this award for participation in the Kosovo Air Campaign (24 March 1999-10 June 1999) and Kosovo Defense Campaign (11 June 1999 to a date to be determined).

11.  Paragraph 9-10 of Army Regulation 600-8-22 contains guidance on the UNM.  It states it is authorized for 90 days of service under the operational control of the UN in designated UN missions/operations.  Operation Joint Guardian in Kosovo is not an identified UN mission/operation.

12.  Paragraph 9-11 of Army Regulation 600-8-22 contains guidance on the NATO Medal.  It states it is authorized for participation in designated NATO operations and is authorized for operations related to Kosovo from 13 October 1998 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention his record should be corrected to reflect his service in Kosovo has been carefully considered and found to have merit.  The applicant's record confirms he served in Kosovo in support of Operation Joint Guardian from 30 November 1999 through 10 June 2000.  As a result, it would be appropriate to add the entry "SERVICE IN KOSOVO FROM 19991130-20000610" to item 18 of his DD Form 214.

2.  Based on his Kosovo service, the applicant is eligible for the KCM with one bronze service star and NATO Medal, which should be added to his record and item 13 of his DD Form 214.

3.  The applicant's contention he should also be awarded the AFEM and UNM for his service in Kosovo has also been carefully considered.  However, these awards were not authorized for his service in Kosovo.  Therefore, there is an insufficient evidentiary basis to support granting this portion of the requested relief.

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 partial amendment of the ABCMR's decision in Docket Number AR2002079535, dated 17 April 2003.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows:

	a.  item 13 - add the KCM with one bronze service star and NATO Medal,

	b.  item 18 - add the entry "SERVICE IN KOSOVO FROM 19991130-20000610," and

	c.  by providing him a correction to his DD Form 214 that includes these changes.

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 AFEM and UNM.



      ____________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)                                         AR20090018075



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ABCMR Record of Proceedings (cont)                                         AR20090018075



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