IN THE CASE OF:	  

		BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100026128


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* Army Achievement Medal (AAM)
* Kosovo Campaign Medal (KCM)
* North Atlantic Treaty Organization (NATO) Medal
* Global War on Terrorism Service Medal (GWOTSM)

2.  The applicant states he served in Macedonia from May-November 2001 with Company C, 3rd Battalion, 502nd Infantry Regiment.  He was awarded the AAM and he is entitled to the service medals by virtue of his service.

3.  The applicant provides:

* DD Form 214
* NATO Medal Certificate
* DA Form 638 (Recommendation for Award) showing Permanent Orders Number 150-002, Headquarters, 3rd Battalion, 502nd Infantry Regiment, dated 20 May 2002
* memorandum awarding the KCM, dated 25 September 2001
* National Personnel Records Center letter, dated 11 October 2010



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 served in the Regular Army from 13 June 2000 through 9 April 2003.  He served in Macedonia from 11 May 2001 through 16 November 2001.  The requested awards are not listed on his DD Form 214.

3.  Permanent Orders Number 150-002, Headquarters, 3rd Battalion, 502nd Infantry Regiment, dated 20 May 2002, awarded the applicant the AAM.

4.  The applicant was issued a NATO Medal Certificate showing he was awarded the NATO Medal for the period 11 May 2001 to 16 November 2001.

5.  Army Regulation 600-8-22 (Military Awards) states the KCM 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 Task Forces Hawk (5 April 1999 through 24 June 1999), Saber (31 March 1999 through 8 July 1999), or Hunter within the Kosovo Air Campaign or Kosovo Defense Campaign areas of eligibility (AOE).

6.  Army Regulation 600-8-22 further states 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 criteria, including:  (a) be engaged in actual combat or duty that is equally as hazardous as combat duty during the operation with armed opposition regardless of time in the AOE and (b) while participating in the operation, regardless of time, is wounded or injured and requires medical evacuation from the AOE.  One bronze service star will be worn for participation in each campaign (Kosovo Air Campaign and Kosovo Defense 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.

7.  Army Regulation 600-8-22 states 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.

8.  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 (14 November 1995 to a date to be determined), (2) operations related to Kosovo (13 October 1998 to a date to be determined), (3) Operation Eagle Assist (12 October 2001 to 16 May 2002), (4) Operation Active Endeavor (26 October 2001 to a date to be determined), (5) International Security Assistance Force in Afghanistan (1 June 2003 to a date to be determined), and (6) Operations in the Balkans (1 January 2003 to a date to be determined).

9.  Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the AAM by permanent orders.  It should be added to his DD Form 214.

2.  The applicant served in Kosovo, participated in a NATO operation, and received a NATO Medal Certificate.  He should have the KCM and the NATO Medal added to his DD Form 214.

3.  The applicant served on active duty after 11 September 2001.  He should have the GWOTSM added to his DD Form 214.

BOARD VOTE:

____X___  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 adding the following to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214:

* AAM
* KCM
* NATO Medal
* GWOTSM



      ____________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)                                         AR20100026128



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ABCMR Record of Proceedings (cont)                                         AR20100026128



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