IN THE CASE OF:	  

		BOARD DATE:	  15 March 2012 

		DOCKET NUMBER:  AR20110017136 


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 records to show he served overseas in the former Republic of Yugoslavia and also all of his authorized awards.

2.  The applicant states, in effect, he was awarded the Army Achievement Medal, Army Good Conduct Medal, North Atlantic Treaty Organization (NATO) Medal, and Kosovo Campaign Medal.

3.  The applicant provides, in support of his request, five DA Forms 638 (Recommendations for Award) and Army Good Conduct Medal orders.

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 23 September 1999.  He was awarded military occupational specialty 13F (Fire Support Specialist).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service):  Germany from 10 April 2000 through
23 September 2002;

	b.  item 9 (Awards, Decorations and Campaigns):

* Army Service Ribbon
* Overseas Service Ribbon
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar
* Expert Marksmanship Qualification Badge with Grenade Bar

	c.  item 35 (Record of Assignments):  1st Battalion, 7th Field Artillery, Schweinfurt, Germany, from 12 April 2000 through 22 September 2002.

4.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably released from active duty by reason of completion of required active service and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

	a.  He completed 4 years, 2 months, and 28 days of active service this period that included 2 years, 5 months, and 14 days of foreign service.  It also shows in:

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

* Army Lapel Button
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

	c.  item 18 (Remarks) does not show that the applicant deployed to a foreign country with his unit.


5.  In support of his application, the applicant provides the following documents:

	a.  five DA Forms 638 that show the applicant was awarded the Army Achievement Medal by:

		(1)  Headquarters, 1st Battalion, 7th Field Artillery, Permanent Order:

   	(a)  Number 017-02, dated 21 March 2001, for meritorious achievement for successfully deploying his four-man fire support team as part of
C/1st Battalion, 18th Infantry Immediate Ready Force reinforcing Task Force Falcon and the Kosovo Force from 17 August to 20 September 2000;

    	(b)  Number 120-05, dated 30 April 2002, for meritorious achievement on 13 December 2001;

    	(c)  Number 107-08, dated 17 April 2002, for meritorious achievement from 26 to 28 January 2002;

    	(d)  Number 190-01, dated 9 July 2002, for meritorious service from
12 April 2000 to 23 September 2002; and

	 	(2)  Headquarters, 1st Battalion, 82nd Field Artillery, 1st Cavalry Division, Fort Hood, Texas, Permanent Order Number 274-02, dated 1 October 2003, for meritorious service from 23 September 1999 to 20 December 2003.

	b.  Headquarters, Task Force 510th Personnel Services Battalion (Forward), Camp Bondsteel, Kosovo, Permanent Orders 248-05, dated 5 September 2002, awarded the applicant the Army Good Conduct Medal (1st Award) for the period 23 September 1999 to 22 September 2002.

6.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay (HFP/IDP) for service in Macedonia from 18 August through
17 September 2000.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated or served in direct support of Kosovo operations in the Kosovo Air Campaign from 24 March to 10 June 1999 or Kosovo Defense Campaign from 11 June 1999 to a date to be determined.
	 	(1)  The area of eligibility (AOE) for the Defense Campaign includes the total land area and air space of Serbia (including Kosovo), Montenegro, Albania, Macedonia, and the waters and air space of the Adriatic Seas within 12 nautical miles of the Montenegro, Albania, and Croatia coastlines south of 42 degrees and 52 minutes North latitude.

	 	(2)  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 operations AOE or meets one or more of the following criteria:

	 	(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;

	 	(b)  While participating in the operation, regardless of time, is wounded or injured and requires medical evacuation from the AOE.

    	(c)  While participating as a regularly assigned aircrew member flying sorties into, out of, within, or over the AOE in direct support of the military operations.

	 	(3)  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.

	b.  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 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.

	 	(1)  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.

	 	(2)  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.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Enlisted Record Brief, enlistment/
reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

	b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It shows for:

		(1)  item 13:  enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  (Each entry will be verified by the Soldier's records.); and

		(2)  item 18:  for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Macedonia reinforcing Task Force Falcon and KFOR from 18 August through 17 September 2000 during the Kosovo Defense Campaign.

	a.  This service qualified the applicant for award of the Kosovo Campaign Medal with one bronze service star.

	b.  However, this service medal and the period of deployment are not recorded in item 13 and item 18 (respectively) of his DD Form 214.

	c.  Therefore, it would be appropriate to correct item 13 and item 18 of his DD Form 214 to show the Kosovo Campaign Medal with one bronze service star and that he deployed to Macedonia from 18 August through 17 September 2000.

2.  Permanent orders awarded the applicant the Army Achievement Medal
(5th Award) and Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show these awards, as recommended below.

3.  There is no evidence and the applicant provides insufficient evidence to show he was awarded the NATO Medal.  Therefore, the applicant is not entitled to correction of his records to show the award.

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

* Army Achievement Medal (5th Award)
* Army Good Conduct Medal (1st Award)
* Kosovo Campaign Medal with 1 bronze service star

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN MACEDONIA FROM 20000818 - 20000917."


2.  The Board further determined 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 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)                                         AR20110017136



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ABCMR Record of Proceedings (cont)                                         AR20110017136



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