IN THE CASE OF:	  

		BOARD DATE:	  30 November 2010

		DOCKET NUMBER:  AR20100014103 


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 show award of the Kosovo Campaign Medal and the North Atlantic Treaty Organization (NATO) Medal.  

2.  He states that his DD Form 214 does not show the NATO Medal and the Kosovo Campaign Medal.

3.  He provides a copy of a NATO Medal certificate 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.  His records show he enlisted in the Regular Army (RA) on 9 September 1997.  
3.  His records show he served with D Battery, 1st Battalion, 33rd Field Artillery while deployed to Macedonia (Kosovo).   

4.  A query of the applicant's Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) revealed that he received pay and tax exclusion entitlements associated with deployment to Macedonia (Kosovo) during the period 6 May 2002 through 1 November 2002.

5.  In support of his claim for the Kosovo Campaign Medal, he provided a copy of a certificate for the NATO Medal for service with NATO in Kosovo from 6 May 2002 to 12 November 2002.

6.  On 20 September 2003, he was discharged under honorable conditions (general) after serving for 6 years and 12 days.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Achievement Medal (3rd award), Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Grenade Bar.  Item 18 (Remarks) of this form does not contain any entries showing he had foreign service.

7.  A review of his personnel records indicate he is entitled to additional awards that are not shown on his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) states the Kosovo Campaign Medal is awarded to members of the Armed Forces of the U.S. who, after 24 March 1999, meet the following criteria:

	a.  participated in or served in direct support of Kosovo Operations(s): Allied Force; Operation Joint Guardian; Operation Allied Harbour; Operation Sustain Hope/Shining Hope; Operation Noble Anvil; or Kosovo Task Forces Hawk, Saber, Falcon, or Hunter within the Kosovo Air Campaign and/or the Kosovo Defense Campaign areas of eligibility; and

	b.  were bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of eligibility or for 60 nonconsecutive days provided this support involved entering the operations' area of eligibility or met certain other specified criteria.

9.  Military Personnel (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 Former 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.

10.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (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 areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty 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.    

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time directs that 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.

12.  Paragraph 2-4 of Army Regulation 635-5 also indicates that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following statement will be entered in item 18 of the DD Form 214:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Kosovo Campaign Medal and the NATO Medal as a result of his service in Kosovo was carefully considered and is supported by the evidence provided.

2.  Evidence of record shows he was deployed to Kosovo.  A query of his MMPA confirms he received pay and tax exclusion entitlements while serving in Macedonia (Kosovo) during the period 6 May through 1 November 2002.  Therefore, he is entitled to the following corrections to his DD Form 214:

* Item 13, to show award of the Kosovo Campaign Medal and the NATO Medal with one bronze service star
* Item 18, to show "SERVICE IN MACEDONIA (KOSOVO) FROM 20020506-20021101"

3.  The evidence of record shows he served on active duty for more than 
30 consecutive days subsequent to 11 September 2001.  Therefore, he is entitled to award of the GWOTSM and correction of his records to show this service medal.

BOARD VOTE:

___X____  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  adding the following awards to item 13 of his DD Form 214 for the period ending 19 December 2002:

* Kosovo Campaign Medal
* NATO Medal with one bronze service star
* Global War on Terrorism Service Medal

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN MACEDONIA (KOSOVO) FROM 20020506-20021101." 



      ______________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)                                         AR20100014103



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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