IN THE CASE OF:	  

		BOARD DATE:	  9 August 2012

		DOCKET NUMBER:  AR20120000042 


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 the following corrections to his awards shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 20 August 2008:

* add a bronze service star to his Kosovo Campaign Medal
* add the North Atlantic Treaty Organization (NATO) Medal for his participation in Task Force Hawk in Tirana
* change his United Nations Medal to the United Nations Preventive Deployment Force (UNPREDEP) Medal

2.  The applicant states that based on his review, the NATO medal was awarded to military and civilian members of the Armed Forces who participated in Task Force Hawk in Tirana.  Albania is considered one of those operations.  He should have received one bronze service star to be worn on his Kosovo Campaign Medal.  He notes his DD Form 214 shows he received the United Nations Medal; it does not specify that he received the UNPREDEP Medal.

3.  The applicant provides:

* a Certificate of Achievement
* an Army Achievement Medal Certificate
* an Army Commendation Medal Certificate
* his DD Form 215 (Correction to DD Form DD Form 214)
* excerpts from Army Regulation 600-8-22 (Military Awards)

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.  He enlisted in the Regular Army on 21 August 1996 for a period of 4 years.

3.  He was assigned to the 3rd Battalion, 12th Infantry Regiment, in Baumholder, Germany.  His unit was subsequently redesignated as the 1st Battalion, 6th Infantry Regiment.

4.  He submitted his Army Achievement Medal Certificate.  The award was for meritorious achievement while serving in the 9th Rotation of the United Nations Preventive Deployment Force in the former Yugoslav Republic of Macedonia from 29 August 1997 to 24 February 1998.

5.  He submitted his Army Commendation Medal Certificate.  The award was for meritorious achievement while deployed as part of Task Force 1-6 Infantry to Tirana, Albania, from 8 April 1999 to 6 July 1999.

6.  On 20 August 2000, he was released from active duty.  His DD Form 214, as corrected, shows he was awarded or is authorized the:

* Army Achievement Medal with 2nd Oak Leaf Cluster
* Army Good Conduct Medal
* Army Service Ribbon
* Overseas Service Ribbon
* United Nations Medal
* Armed Forces Service Ribbon
* Kosovo Campaign Medal
* Army Commendation Medal

7.  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 designated operations, including the 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 (on 24 March 1999 and ended on 10 June 1999) and continued into the Defense Campaign (on 11 June 1999 to a date to be determined) entitles a member to only one bronze service star.

8.  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.  In a message, dated 10 July 1996, the Commander in Chief, U.S. Army Europe, retroactively expanded the AOE for the NATO Medal to include the countries of Italy, Greece, Hungary, and Austria.

9.  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.  

10.  The United Nations Medal was established by the Secretary General of United Nations on 30 July 1959.  Presidential acceptance of the medal for the U.S. Armed Forces was announced in Executive Order 11139, dated 7 January 1964.

DISCUSSION AND CONCLUSIONS:

1.  Based on the entry on his DD Form 214 for the United Nations Medal, it is reasonable to conclude his eligibility was based on his service in the former Yugoslav Republic of Macedonia.  However, the regulation then in effect only provided for the entry to be shown as the United Nations Medal.  There were no provisions for showing the mission for which the award was based.  Therefore, the entry showing United Nations Medal on his DD Form 214 is correct.
2.  He is authorized one bronze service star to be worn on his Kosovo Campaign Medal.

3.  He has not provided a certificate for award of the NATO Medal.  Therefore, this award cannot be added to his DD Form 214 at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending his DD Form 214 as follows:

* delete Kosovo Campaign Medal
* add Kosovo Campaign Medal with one bronze service star

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 UNPREDEP Medal and 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)                                         AR20120000042



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ABCMR Record of Proceedings (cont)                                         AR20120000042



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