IN THE CASE OF:	  

		BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20100027747 


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 award of the Army Good Conduct Medal, North Atlantic Treaty Organization (NATO) Medal, and the Kosovo Campaign Medal.  

2.  He states these items were omitted from his DD Form 214.

3.  He provides award certificates for the Army Achievement Medal and the NATO Medal.  

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 19 May 1999.  He completed training and he was awarded military occupational specialty (MOS) 91W (health care specialist).  He was advanced to the rank/grade of specialist (SPC)/E-4 on
1 December 2000.

3.  He provided award certificates which show he was awarded the:

   a.  Army Achievement Medal by Permanent Order Number 263-51, issued by Headquarters, 1st Battalion, 36th Infantry Regiment, for meritorious achievement in support of Operation Joint Guardian during the period 7 June 2000 to
7 December 2000.

   a.  NATO Medal for service with NATO on operations in relation to Kosovo during the period 7 June 2000 through 7 December 2000.

4.  Permanent Orders Number 128-1, issued by Headquarters, 44th Medical Command, Fort Bragg, NC, dated 8 May 2003, awarded the applicant the Army Commendation Medal meritorious achievement for the period 5 December 2002 to 29 April 2003.

5.  On 18 May 2003, he was honorably released from active duty in the rank of SPC.  He completed 4 years of active service with no time lost.  His service record does not contain any derogatory information or a record of a commander's disqualification that would have precluded him from the being awarded the first award of the Army Good Conduct Medal.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of his DD Form 214 shows the:

* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar

7.  References:

	a.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

	b.  Army Regulation 600-8-22 states the NATO Medal was authorized by the Secretary-General of the North Atlantic Treaty Organization 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 served 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.

	c.  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 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during a qualifying period for the first award of the Army Good Conduct Medal (19 May 1999 through 18 May 2002).  He was advanced to SPC/E-4 with no record of any disciplinary action or a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

2.  The applicant provided a NATO certificate for award of the NATO Medal for service with NATO operations in relation to the Kosovo during the period 7 June 2000 through 7 December 2000.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant provided an Army Achievement Medal award certificate that shows he served as a member of Task Force, 1st Battalion, 36th Armored Infantry Regiment in support of Operation Joint Guardian during the period
7 June 2000 through 7 December 2000.  Therefore, this evidence is sufficient as a basis to show his entitlement to the Kosovo Campaign Medal and correction of his DD Form 214 to show this award.

4.  Permanent orders awarded him the Army Commendation Medal for meritorious achievement for the period 5 December 2002 to 29 April 2003.  Therefore, his DD Form 214 should be corrected to show this award.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 19 May 1999 through 18 May 2002; and

	b.  adding to item 13 of his DD Form 214 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Kosovo Campaign Medal
* NATO 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)                                         AR20100027747



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ABCMR Record of Proceedings (cont)                                         AR20100027747



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