IN THE CASE OF:	  

		BOARD DATE:  7 January 2014

		DOCKET NUMBER:  AR20130008380 


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 that he be awarded the Kosovo Campaign Medal and the North Atlantic Treaty Organization (NATO) Medal.

2.  The applicant states that while stationed in Germany, he served in direct support of Operation Task Force Hawk.

3.  The applicant provides a copy of his DA Form 638 (Recommendation for Award) awarding him the Army Commendation Medal (2nd Award), DD Form 214 (Certificate of Release or Discharge from Active Duty), and his award of the Army Commendation Medal (ARCOM).

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 25 June 1991 for a period of 
4 years, training as a multiple launch rocket system (MLRS) crewman, and a cash enlistment bonus.  He completed his one-station unit training at Fort Sill, Oklahoma and remained assigned there until he was transferred to Germany on 6 January 1993. 

3.  He completed his tour in Germany on 10 May 1995 and was transferred back to Fort Sill.  He was promoted to the pay grade of E-5 on 1 October 1995 and on 15 October 1996 he reenlisted for a period of 4 years, assignment to Europe and a selective reenlistment bonus.

4.  He was transferred to Germany on 15 March 1997 for assignment to an artillery unit in Babenhausen.

5.  On 5 February 2000, he was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24B(3) due to disability with severance pay.  He had served 8 years, 7 months and 11 days of active service and his 
DD Form 214 issued at the time of his discharge shows that he was awarded the ARCOM (2nd award), Army Achievement Medal (2nd award), Good Conduct Medal (2nd award), National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon with Numeral “2,” and his Driver and Mechanic Badge.

6.  His DD Form 214 does not reflect any deployments outside of Germany or at anytime during his service.  Additionally, information received from the Defense Finance and Accounting Service (DFAS) reveals no deployments or payments of imminent danger pay.

7.  The applicant’s award of the ARCOM (2nd Award) shows as achievement #1 that he safely logged in over 33,000 kilometers driving vehicles in support of the deployment and redeployment of Task Force Hawk and Task Force Falcon by transporting troops and equipment to various locations.  He was also responsible for scheduling flight manifests through "VCA" and V Corps in order to deploy Soldiers to Task Force Hawk and Falcon.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	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 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).  

	b.  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 area of eligibility (AOE) or for 60 nonconsecutive days provided this support involves entering the operation's AOE or meet one or more of several criteria, including:  (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; and (b) while participating in the operation, regardless of time, is wounded or injured and requires medical evacuation from the AOE.  

	c.  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.

	d.  The following missions/operations have been approved by the Secretary of Defense for acceptance and wear of the NATO Medal:  (1) Operations related to the former Republic of Yugoslavia (14 November 1995 to a date to be determined); (2) Operations related to Kosovo (13 October 1998 to a date to be determined); (3) Operation EAGLE ASSIST (12 October 2001 to 16 May 2002); (4) Operation ACTIVE ENDEAVOR (26 October 2001 to a date to be determined); (5) International Security Assistance Force (ISAF) in Afghanistan 
(1 June 2003 to a date to be determined); and (6) Operations in the Balkans 
(1 January 2003 to a date to be determined). 

	e.  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 the above NATO operations.  The NATO Medal will normally be presented by the Allied Command Europe headquarters exercising operational command or control over U.S. military units or individuals prior to their departure from service with NATO.  U.S. service members are authorized to retain the ribbon clasp presented but may not wear the clasp.  In order to add the NATO Medal to a Soldier's record the Soldier must have been issued a certificate.  
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions and supporting documents have been carefully considered.  However, they are not sufficient to warrant awards of the Kosovo Campaign Medal and NATO Medal. 

2.  While there is no doubt that the applicant provided support to the operations in question, in both cases the awards of the Kosovo Campaign Medal and NATO Medal require individuals to actually be in the AOE in order to qualify for direct support of operations and there is no evidence to show that such was the case.  Further, this Board has no authority to award the NATO medal, only to add an already-awarded NATO Medal to a DD Form 214.

3.  Therefore, in the absence of evidence to show otherwise, there appears to be no basis to grant the applicant’s request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ___X__ _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _  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)                                         AR20130008380





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ABCMR Record of Proceedings (cont)                                         AR20130008380



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