IN THE CASE OF:	  

		BOARD DATE:	  12 July 2012

		DOCKET NUMBER:  AR20120001097 


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 Armed Forces Expeditionary Medal (AFEM), North Atlantic Treaty Organization (NATO) Medal, Kosovo Campaign Medal (KCM), Army Commendation Medal (ARCOM), and a second award of the Army Achievement Medal (AAM).

2.  The applicant states he earned multiple medals that are not listed on his DD Form 214.  He was aware of the omitted awards during his separation but there was no time to add them to his DD Form 214.

3.  The applicant provides a DD Form 214, NATO Medal Certificate, Certificate of Achievement, Certificate of Participation, and a Scroll of Appreciation.

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 7 August 1997 and was awarded military occupational specialty 11M (Mechanized Infantryman) upon completion of initial entry training.

3.  He was presented a Scroll of Appreciation, dated 10 September 1999, that shows he served in support of a peacekeeping mission in the former Republic of Yugoslavia during the period 23 February - 10 September 1999 as a member of the United States Forces during Operation Joint Forge.

4.  A NATO Medal Certificate shows he was awarded the NATO Medal for service with NATO on operations in relation to the former Republic of Yugoslavia during the period 22 February - 20 September 1999.

5.  He was honorably released from active duty on 26 November 1999.  His DD Form 214 shows the Army Lapel Button, Army Achievement Medal, and the Army Service Ribbon.

6.  There are no orders or any other evidence in his Official Military Personnel File (OMPF) that shows he was recommended for or awarded the ARCOM or a second AAM.

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The AFEM is authorized for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in the Former Republic of Yugoslavia, Operation Joint Forge from 1 June 1998 to a date to be determined.

	b.  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.

	c.  The KCM 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 (AOE).

	d.  The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	e.  The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 
1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show missing awards has been carefully reviewed.

2.  Evidence shows he was presented a Scroll of Appreciation for service in the former Republic of Yugoslavia during the period 23 February - 10 September 1999 as a member of the United States Forces during Operation Joint Forge.  Therefore, he is authorized the AFEM and correction of his DD Form 214 to show this award.

3.  Evidence further shows he was awarded the NATO Medal.  Therefore, his DD Form 214 should be further corrected to show this award.

4.  There is no evidence showing he participated in or served in direct support of a designated operation which is authorized the KCM.  There is also no evidence in his OMPF, and he provided none, that shows he was awarded the ARCOM or a second AAM.  Therefore, there is no basis to grant these portions 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 correcting his DD Form 214 by adding the Armed Forces Expeditionary Medal and the NATO Medal.

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 to the Kosovo Campaign Medal, Army Commendation Medal, and a second Army Achievement 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)                                         AR20120001097



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ABCMR Record of Proceedings (cont)                                         AR20120001097



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