IN THE CASE OF:	  

		BOARD DATE:	  5 July 2011

		DOCKET NUMBER:  AR20110000405 


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

2.  The applicant states:

	a.  he is entitled to the Kosovo Campaign Medal and the NATO Medal for his service in support of Operation Noble Anvil and Operation Joint Guardian;

	b.  he deployed to Tirana, Albania in April 1999 and he forward deployed to Kosovo in June 1999; and

	c.  he was discharged from the Army before the medals were awarded.

3.  The applicant provides:

* Permanent Orders 102-01, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, dated 12 April 1999 (Unit Temporary Change of Station (TCS) orders)
* a DD Form 4187 (Personnel Action), dated 6 July 1999
* a memorandum, subject:  Reference TCS Orders 102-01, dated 12 April 1999/Returning Personnel, dated 24 June 1999
* his DD Form 1351-2 (Travel Voucher or Sub-Voucher)
* 
his Defense Finance and Accounting Service (DFAS) Form 702 (DFAS Leave and Earnings Statement) for the period 1-30 April 1999
* his DD Form 2 (Armed Forces of the United States - Geneva Conventions Identification Card) with an expiration date of 1 October 1999
* his DD Form 214

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 1 October 1996.  He was trained in and held military occupational specialty 77F (Petroleum Supply Specialist).

3.  His DA Form 2-1 (Personnel Qualification Record) contains no entries in Item 5 (Oversea Service).  Item 9 (Awards, Decorations, and Campaigns) does not list the Kosovo Campaign Medal or the NATO Medal.

4.  His Official Military Personnel File (OMPF) does not contain any document showing he was ever awarded the NATO Medal.

5.  The applicant continued to serve on active duty until he was honorably released from active duty on 30 September 1999, having completed 3 years of creditable active duty military service.  The applicant's DD Form 214 issued at the time shows in:

	a.  Item 12f (Foreign Service) the entry "0000 00 00," which indicates he did not completed any foreign service during his active duty service.

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Lapel Button
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge

	c.  Item 18 (Remarks) does not show service in a designated hostile fire/
imminent danger pay (HF/IDP) area.

6.  The applicant submitted:

	a.  Permanent Orders 102-01, dated 12 April 1999, which ordered his unit, 2nd Battalion, 505th Parachute Infantry Regiment, to deploy in support of Operation Noble Anvil on or about 17 April 1999 for 179 days.

	b.  A DA Form 4187, authenticated by his commander, dated 6 July 1999.  This form shows he deployed to Tirana, Albania; departed from Kosovo on
28 June 1999; and he returned to Fort Bragg, NC on 1 July 1999.

	c.  a memorandum reference Permanent Orders 102-01 verifying his return from Task Force Falcon due to his expiration of term of service (ETS).

	d.  A DD Form 1351-2 that shows his travel itinerary as follows:

DATE
DEPART (Dep)/
ARRIVE (Arr)
PLACE
19 April 1999
Dep
Fort Bragg
21 April 1999
Arr
Albania
12 June 1999
Dep
Albania
12 June 1999
Arr
Kosovo
28 June 1999
Dep
Kosovo
1 July 1999
Arr
Fort Bragg
This equated to service in Albania/Kosovo for a total of 2 months and 11 days.

	e.  A DFAS Form 702 that shows he received HF/IDP during the period
1-30 April 1999.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of this regulation states for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 18, for active duty Soldiers deployed with their unit, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"

8.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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 Noble Anvil
(24 March 1999 through 20 July 1999) area 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 (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 (began on            24 March 1999 and ended on 10 June 1999) and continued into the Defense Campaign (began on 11 June 1999 to a date to be determined) entitles a member to only one bronze service star.

	b.  The NATO Medal is awarded by the Secretary-General of NATO to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations.  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 specific NATO operations.  The missions/operations that have been approved by the Secretary of Defense, for acceptance and wear includes operations related to Kosovo from 13 October 1998 to a date to be determined.

	c.  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 (USNMR) at Supreme Headquarters Allied Powers Europe (SHAPE), Belgium:  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Kosovo Campaign Medal and the NATO Medal.

2.  The applicant provided Permanent Orders 102-01, a DA Form 4187 authenticated by his unit commanding, and a DD Form 1351-2, which all confirm his service in support of Operation Noble Anvil from 21 April through 28 June 1999.  Therefore, he is entitled to correction of his DD Form 214 to show in:

* item 12 his foreign service for 2 months and 11 days
* item 18 his service in Albania/Kosovo

3.  His service in support of Operation Noble Anvil entitles him to the Kosovo Campaign Medal.  Additionally, he participated in the Kosovo Air Campaign during his service in Kosovo.  Therefore, he is entitled to the Kosovo Campaign Medal with one bronze service star and correction of his DD Form214 to show this award.

4.  There is no available evidence showing the applicant participated in a qualifying mission/operation for award of the NATO Medal.  Furthermore, the applicant has not provided a copy of the required certificate.  Therefore, there is no basis for granting this portion of his request.

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:

	a.  deleting from item 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  02  11";

	b.  adding to item 13 of his DD Form 214 the Kosovo Campaign Medal with bronze service star; and

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN ALBANIA/KOSOVO FROM 19990421 – 19990628.”

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 correcting his DD Form 214 to add the 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)                                         AR20110000405



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ABCMR Record of Proceedings (cont)                                         AR20110000405



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