IN THE CASE OF:	  

		BOARD DATE:	  10 January 2012

		DOCKET NUMBER:  AR20110013109 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty):

	a.  for the period ending 29 September 2000 to show award of the Kosovo Campaign Medal with two bronze service stars, North Atlantic Treaty Organization (NATO) Medal, and Army Superior Unit Award; and 

	b.  his DD Form 214 for the period 23 March 2002 through 8 March 2003 to show the Kosovo Campaign Medal with two bronze service stars.

2.  He states he participated in Operation Allied Force during the period 24 March to 10 June 1999 and Noble Anvil from 24 March to 20 July 1999 as part of Task Force Hawk and Falcon.  The 2nd Battalion, 505th Infantry, was cited for the Army Superior Unit Award for the period 15 April to 22 September 1999.

3.  He provides Headquarters, 82nd Airborne Division, Permanent Orders 102-01 with manifest; memorandum approving the Army Superior Unit Award to designated units in the 505th Infantry; an extract of a listing of Soldiers authorized the Kosovo Campaign Medal; and an extract of a listing of Soldiers authorized 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.  His military records show he enlisted in the Regular Army on 10 June 1996.  He completed training and was awarded the military occupational specialty of infantryman.

3.  His DA Form 2-1 (Personnel Qualification Record) shows he served in Kosovo/Albania during the period 9 April through 23 September 1999.

4.  He provided a memorandum, subject:  Army Superior Unit Award, dated 11 April 2001, showing Headquarters and Headquarters Company (HHC), 2d Battalion, 505th Infantry, was approved for the Army Superior Unit Award for the period 15 April to 22 September 1999.

5.  He provided a memorandum, subject:  Kosovo Campaign Medal, dated 13 July 2000, listing his name among those Soldiers authorized the Kosovo Campaign Medal and showing his unit as HHC, 2d Battalion, 505th Infantry.

6.  He provided a memorandum, subject:  NATO Medal, dated 28 July 2000, listing his name among those Soldiers authorized the NATO Medal.

7.  His records contain a DD Form 214 for the period 30 June 1996 through 29 September 2000.  This form shows the Army Lapel Button, Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, Parachutist Badge, and Bronze German Armed Forces Parachutist Badge.

8.  His records contain a later DD Form 214 for the period 23 March 2002 through 8 March 2003.  This form shows the Army Achievement Medal 
(2nd Award), Army Superior Unit Award, National Defense Service Medal, Kosovo Campaign Medal, NATO Medal, and Armed Forces Reserve Medal with M Device, which are not shown on the earlier DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) 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 designated operations, including Operation Allied Force (24 March 1999 through 10 June 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.

DISCUSSION AND CONCLUSIONS:

1.  A memorandum, dated 13 July 2000, shows he was authorized the Kosovo Campaign Medal.  His DA Form 2-1 shows he served in Kosovo/Albania during the period 9 April through 23 September 1999 indicating he served during qualifying periods of service for the Kosovo Air Campaign and Kosovo Defense Campaign.  As such, he is entitled to have the Kosovo Campaign Medal with two bronze service stars added to his DD Form 214 for the period 30 June 1996 through 29 September 2000 and to his DD Form 214 for the period 23 March 2002 through 8 March 2003.

2.  A memorandum, dated 28 July 2000, lists his name among those Soldiers authorized the NATO Medal.  As such, he is entitled to have the NATO Medal added to his DD Form 214 for the period 30 June 1996 through 29 September 2000.

3.  A memorandum shows HHC, 2d Battalion, 505th Infantry, was approved for the Army Superior Unit Award for the period 15 April to 22 September 1999.  As such, he is entitled to have this unit award added to his DD Form 214 for the period 30 June 1996 through 29 September 2000.

4.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 


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 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 to his DD Form 214 for the period 30 June 1996 through 29 September 2000 the Kosovo Campaign Medal with two bronze service stars, NATO Medal, and Army Superior Unit Award;

	b.  deleting the Kosovo Campaign Medal from his DD Form 214 for the period 23 March 2002 through 8 March 2003; and

	c.  adding the Kosovo Campaign Medal with two bronze service stars to his DD Form 214 for the period 23 March 2002 through 8 March 2003.




      _______ _   _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)                                         AR20110013109



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ABCMR Record of Proceedings (cont)                                         AR20110013109



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