IN THE CASE OF:	  

		BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100023344 


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 his record and DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by showing all awards and decorations.  

2.  The applicant states he should have been awarded the Army Good Conduct Medal (AGCM), and his record and DD form 214 should reflect this award and an additional Army Achievement Medal (AAM), the Kosovo Campaign Medal (KCM), and the North Atlantic Treaty Organization (NATO) Medal.  

3.  The applicant provides a unit commander memorandum confirming his Kosovo service 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.  The applicant’s record shows he enlisted in the Regular Army on 10 March 2000, and was trained in and awarded military occupational specialty (MOS) 19K (M1 Abrams Tank Crewmember).  His record shows he was promoted to specialist/E-4 (SPC/E-4) on 1 December 2001, and that this is the highest rank he attained while serving on active duty.  

3.  The applicant’s record shows he served in Germany from 6 August 2000 through 5 August 2003.  It also shows that during his tour in Germany, he was assigned to A Company, 1st Battalion, 37th Armored Regiment, 1st Brigade Combat Team, performing duties as a tank crewmember.  

4.  The applicant’s record contains no derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  His record is void of any orders or other documents showing he was ever recommended for or awarded the AAM while serving on active duty.  

5.  On 9 March 2003, the applicant was honorably released from active duty, in the rank of SPC/E-4, after completing 3 years of active military service.  The DD Form 214 he was issued shows he earned the following awards during his active duty tenure:

* National Defense Service Medal (NDSM)
* Army Service Ribbon
* Overseas Service Ribbon
* Army Lapel Button

6.  The applicant provides a memorandum from his unit commander in Germany, who remains serving on active duty as a lieutenant colonel.  This document confirms the applicant’s unit in Germany was deployed to Kosovo in support of Operation Joint Guardian from 28 May through 17 December 2000.  It further confirms the applicant was a member of the unit in good standing and performed with distinction on the deployment.  

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy.  Paragraph 2-15 contains guidance on the KCM.  It states it is authorized for service in direct support of Kosovo operations, including Operation Joint Guardian, for a period of 30 consecutive or 60 non-consecutive days on or after 24 March 1999.  A bronze service star is authorized for participation in the Kosovo Defense Campaign which began on 11 June 1999 to a date to be determined. 



8.  Paragraph 3-18 of the awards regulation contains guidance on award of the AAM.  It states it is awarded to any member of the Armed Forces of the United States, or to any member of the Armed Forces of a friendly foreign nation, who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal.  The regulation requires a DA Form 638 (Recommendation for Award) be submitted recommending the AAM and/or that it be awarded the AAM by proper authority.  

9.  Chapter 4 of the awards regulation contains guidance on award of the AGCM.  It states it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years, except in those cases when the period for the first award ends with the termination of a period of Federal military service, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

10.  Paragraph 9-11 of the awards regulation contains guidance on the NATO Medal.  It states it is authorized for participation in operations related to Kosovo from 13 October 1998 to a date to be determined.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the AGCM and that all authorized awards including the KCM, NATO Medal, and an additional AAM should be reflected on his record and DD Form 214 has been carefully considered and found to have partial merit.  

2.  The applicant’s record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the AGCM for his qualifying honorable active duty service from 10 March 2000 through 9 March 2003, and to add this award to his record and DD Form 214.  

3.  Further, the evidence of record confirms the applicant participated in Operation Joint Guardian in support of Kosovo operations from 28 May through 17 December 2000, as evidenced by the unit commander memorandum provided.  Therefore, it would be appropriate to add the KCM with one bronze service star and NATO Medal to his record and DD Form 214.  



4.  The applicant’s contention that he should be awarded an additional AAM has also been carefully considered.  However, by regulation, the AAM must be recommended on a DA Form 638, or awarded by proper authority. His record is void of any indication that he was ever recommended for or awarded the AAM while serving on active duty.  Therefore, there is an insufficient evidentiary basis to support adding this award to his record and DD Form 214.   

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 awarding him the Army Good Conduct Medal; and adding the Army Good Conduct Medal, Kosovo Campaign Medal with one bronze service star and North Atlantic Treaty Organization Medal to his record and DD Form 214.

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 adding the Army Achievement Medal to his record and DD Form 214.  



      __________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)                                         AR20100023344



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ABCMR Record of Proceedings (cont)                                         AR20100023344



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