IN THE CASE OF:	  

		BOARD DATE:	  30 September 2010

		DOCKET NUMBER:  AR20100001195 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add the Meritorious Service Medal (5th Award), North Atlantic Treaty Organization (NATO) Medal, Kosovo Campaign Medal, Korea Defense Service Medal, Global War on Terrorism Service Medal (GWOTSM), and Armed Forces Service Medal.

2.  The applicant states administrative errors, temporary records, and campaign designations after his retirement caused these awards to be omitted from his DD Form 214.

3.  The applicant provides the following in support of his application:

* Headquarters, Fifth U.S. Army and Fort Sam Houston, Orders 092-00207, dated 2 April 1993
* 199th Personnel Service Company Orders 058-52, dated 30 March 1995
* DA Form 67-9 (Officer Evaluation Report) for the period 1 August 1998 through 5 July 1999
* photograph, Task Force (TF) Hawk Combined Arms Assessment Team (CAAT), 18 April 1999 to 6 August 1999
* DA Form 638 (Recommendation for Award), dated 13 June 2001
* Headquarters, U.S. Army Medical Command, memorandum, dated 9 April 1999
* DD Form 214, effective 30 June 2003
* five Meritorious Service Medal Certificates for various periods

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 records show he accepted a commission as a second lieutenant in the U.S. Army Reserve on 1 May 1987 in the Medical Service Corps.

3.  His records show he was assigned to the 18th Medical Command in the Republic of Korea from on or about 27 May 1993 to 19 May 1994.

4.  His Defense Finance and Accounting Service (DFAS) records confirm he received imminent danger pay/hostile fire pay for service in Albania from 1 April 1999 through 20 July 1999 and that he was assigned to Korea from 28 June 1993 through 26 June 1995.

5.  He retired from active duty on 30 June 2003 in the rank/grade of major/O-4.  His DD Form 214 shows he completed 23 years, 5 months, and 10 days of creditable active service.  This form also shows the following entries:

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Meritorious Service Medal (3rd Award), Army Commendation Medal (3rd Award), Army Achievement Medal, Army Good Conduct Medal (2nd Award), National Defense Service Medal (3rd Award), Armed Forces Reserve Medal, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Expert Field Medical Badge, and Army Staff Identification Badge.

	b.  Item 18 (Remarks) shows he was separated from the service on temporary records and a Soldier's affidavit.  It does not show service in a designated imminent danger pay/hostile fire pay area.

6.  He submitted the following documents:

	a.  Headquarters, Fifth U.S. Army and Fort Sam Houston, Orders 092-00207, dated 2 April 1993, assigning him to Korea;

	b.  199th Personnel Service Company Orders 058-52, dated 30 March 1995, reassigning him to the continental United States;

	c.  DA Form 67-9 for the period 1 August 1998 through 5 July 1999, which state he served as a medical subject matter expert (SME) for the Center for Army Lessons Learned and subsequently deployed to the Balkans to collect the Combat Health Support lessons learned for TF Hawk;

	d.  photograph, TF Hawk CAAT, 18 April 1999 to 6 August 1999;

	e.  DA Form 638, dated 13 June 2001, for award of the Meritorious Service Medal (3rd Oak Leaf Cluster);

	f.  Headquarters, U.S. Army Medical Command, tasking memorandum, dated 9 April 1999, requesting one 70H, Medical Plans and Operations Officer, in the pay grade of major/captain to serve as a medical SME with Training and Doctrine Command's Kosovo CAAT I from 18 April 1999 through 15 July 1999;

	g.  DD Form 214, effective 30 June 2003; and

	h.  five Meritorious Service Medal Certificates for various achievements and periods.

7.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	b.  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 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); Operations Sustain Hope/Shining Hope (4 April 1999 through 10 July 1999); Operation Noble Anvil (24 March 1999 through 20 July 1999); or Kosovo TF Hawk (5 April 1999 through 24 June 1999), TF Saber (31 March 1999 through 8 July 1999), or TF Hunter within the Kosovo Air Campaign or Kosovo Defense Campaign areas of eligibility (AOE).

	c.  The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the AOE designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  

	d.  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 specific NATO operations.  The following missions/operations have been approved by the Secretary of Defense for acceptance and wear:  (a) operations related to the former Republic of Yugoslavia (14 November 1995 to a date to be determined), (b) operations related to Kosovo (13 October 1998 to a date to be determined), (c) Operation Eagle Assist (12 October 2001 to 16 May 2002), (d) Operation Active Endeavor (26 October 2001 to a date to be determined), (e) International Security Assistance Force in Afghanistan (1 June 2003 to a date to be determined), and (f) operations in the Balkans (1 January 2003 to a date to be determined).

	e.  The Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992:

* participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action
* participate for 1 or more days in the operation within the designated AOE or meet one or more of several criteria including being engaged in direct support for:

* 30 consecutive days in the AOE (or for the full period when an operation is of less than 30 days' duration) 
* 60 nonconsecutive days provided this support involves entering the AOE

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to add the Meritorious Service Medal (5th Award), NATO Medal, Kosovo Campaign Medal, Korea Defense Service Medal, GWOTSM, and Armed Forces Service Medal.

2.  Permanent orders awarded him five Meritorious Service Medals; however, his DD Form 214 only reflects three of these awards.  Therefore, this form should be corrected to show five awards of the Meritorious Service Medal.

3.  His records show he:

	a.  served in Korea from 28 June 1993 to 26 June 1995 and this is further confirmed by DFAS pay records.  He is entitled to the Korea Defense Service Medal;

	b.  deployed in support of Operation Allied Force and participated in TF Hawk from 1 April 1999 through 20 July 1999.  He is entitled to award of the Kosovo Campaign Medal with one bronze service star and correction of his DD Form 214 to show this medal; and

	c.  served on active duty from 1 May 1987 to 30 June 2003.  Therefore, he served a qualifying period for award of the GWOTSM.  He is entitled to the issuance of this award and correction of his DD Form 214 to show this medal.

4.  With respect to the Armed Forces Service Medal, there is no evidence he participated in operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992, participated in a U.S. military operation that is deemed to be a significant activity and encountered no foreign armed opposition or imminent threat of hostile actions.  Therefore, he is not entitled to this award.

5.  With respect to the NATO Medal, there is no evidence in the available records and the applicant did not submit any substantiating evidence that he served in a mission or operation that has been approved by the Secretary of Defense for acceptance and wear of the NATO Medal.  Therefore, he does not meet the criteria for this award.
6.  In view of the foregoing, he should be granted partial relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  deleting from his DD Form 214 the Meritorious Service Medal (3rd Award), and

	b.  adding to his DD Form 214:

* GWOTSM
* Meritorious Service Medal (4th Oak Leaf Cluster)
* Korea Defense Service Medal
* Kosovo Campaign Medal with one bronze service star
* SERVICE IN KOSOVO FROM 19990401-19990720

2.  The Board further determined 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 NATO Medal and the Armed Forces Service 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)                                         AR20100001195



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ABCMR Record of Proceedings (cont)                                         AR20100001195



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