BOARD DATE:	  28 September 2010

		DOCKET NUMBER:  AR20100011147 


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 awards of the North Atlantic Treaty Organization (NATO) Medal and the Kosovo Campaign Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that his awards of the NATO Medal and the Kosovo Campaign Medal were not added to his DD Form 214.  He goes on to state that he deployed to Bosnia with Company B, 115th Forward Support Battalion, from 1998 to 1999.

3.  The applicant provides:

* a short letter explaining his application
* a copy of his DD Form 214
* a copy of a DA Form 4187 (Personnel Action) advancing him to pay grade E-4
* a copy of his DA Form 3595-R (Record Fire Scorecard)
* a copy of his DA Form 2-1 (Personnel Qualification Record – Part II)

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 on 16 July 1997 for a period of 4 years and training as a computer/automated systems repairer.  He completed his basic training at Fort Jackson, South Carolina, and his advanced individual training at Fort Gordon, Georgia.  He was assigned to Fort Hood, Texas, his first and only duty assignment.  He was assigned to Company B, 115th Combat Support Battalion.  He was advanced to pay grade E-3 on 16 July 1998.

3.  He deployed with his unit to Bosnia in support of Operation Joint Forge from 4 September 1998 to 23 March 1999 and was then returned to Fort Hood.  He was advanced to pay grade E-4 on 1 July 1999.

4.  On 15 July 2001, he was honorably released from active duty due to the completion of required service.  He served 4 years of total active service and his DD Form 214 issued at the time of his separation shows that he was awarded the Army Service Ribbon.

5.  Army Regulation 600-8-22 (Military Awards) states that the NATO Medal was authorized by the Secretary-General of NATO for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by U.S. service members who meet the criteria specified by the Secretary-General of NATO.  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 NATO operations in the former Republic of Yugoslavia from 1 July 1992 through a date to be determined.

6.  A review of the applicant's official records failed to reveal a copy of a NATO Certificate awarding him the NATO Medal or any other documents related to that award.

7.  Army Regulation 600-8-22 states the following missions/operations have been approved by the Secretary of Defense for acceptance and wear of the NATO Medal:  (1) operations related to the former Republic of Yugoslavia from 14 November 1995 to a date to be determined, (2) operations related to Kosovo from 13 October 1998 to a date to be determined, (3) Operation Eagle Assist from 12 October 2001 to 16 May 2002), (4) Operation Active Endeavor from 26 October 2001 to a date to be determined, (5) International Security Assistance Force in Afghanistan from 1 June 2003 to a date to be determined, and (6) operations in the Balkans from 1 January 2003 to a date to be determined.

8.  Army Regulation 600-8-22 states that 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 the above NATO operations.  The NATO Medal will normally be presented by the Allied Command Europe headquarters exercising operational command or control over U.S. military units or individuals prior to their departure from service with NATO.  U.S. service members are authorized to retain the ribbon clasp presented, but may not wear the clasp.  

9.  The U.S. Army Human Resources Command website contains a "frequently asked questions" section concerning military awards.  The website notes that to add the NATO Medal to a Soldier's record, the Soldier must have been issued a certificate.  Soldiers should submit a request to the U.S. National Military Representative at Supreme Headquarters Allied Powers Europe, Belgium via usnmr@benelux.army.mil if their certificate was lost or if requesting a replacement certificate.  Soldiers are advised to include their social security number, name, rank, nationality, service, unit, location, periods of service, and number of days of deployment in their request.

10.  Army Regulation 600-8-22 states 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 designated operations, including Operation Allied Force from 24 March 1999 through 10 June 1999, within the Kosovo Air Campaign or Kosovo Defense Campaign areas of eligibility (AOE).  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 AOE or for 60 nonconsecutive days, provided this support involves entering the operation's AOE or meet one or more of several other specified criteria.  One bronze service star will be worn for participation in each campaign.  Qualification for a second bronze service star requires meeting the criteria for both campaigns.  The 30 consecutive or 60 nonconsecutive days that began during the Air Campaign (24 March 1999 to 10 June 1999) and continued into the Defense Campaign (11 June 1999 to a date to be determined) entitles a member to only one bronze service star.



DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant's claim that he was awarded the NATO Medal is not in doubt, the applicant failed to show through the evidence submitted with his application and the evidence of record sufficient evidence to support his claim.  Therefore, in the absence of a NATO Certificate or sufficient evidence to show that he was, in fact, presented with a NATO Medal, there appears to be no basis to grant his request at this time.

2.  The applicant's claim that he was awarded the Kosovo Campaign Medal has also been noted and found to lack merit.  The applicable regulation provides that eligibility for award of the Kosovo Campaign Medal began on 24 March 1999, the day after the applicant departed the AOE.  Accordingly, there appears to be no basis to add that award to his records at this time.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  ___x___  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the 


United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20100011147



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ABCMR Record of Proceedings (cont)                                         AR20100011147



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