BOARD DATE:	  3 June 2014

		DOCKET NUMBER:  AR20130015819 


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 award of the Kosovo Campaign Medal (KCM) and the North Atlantic Treaty Organization (NATO) Medal (Kosovo Operations).

2.  The applicant states he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 6th Infantry Regiment (1-6 IN), and served in Albania as a member of Task Force (TF) Hawk.  He was awarded the Army Commendation Medal (ARCOM) for meritorious achievement during the deployment.  However, his DD Form 214 does not show the KCM or the NATO Medal.

3.  The applicant provides copies of his ARCOM, DD Form 214, and information pertaining to award of the KCM and 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.  The applicant enlisted in the Regular Army on 24 July 1997 for a period of 
4 years.  He was awarded military occupational specialty 92Y (Unit Supply Specialist).  He attained the rank of specialist (E-4).

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

   a.  item 5 (Oversea Service), Germany from 29 December 1997 through 
28 December 1999, and

   b.  item 35 (Record of Assignments), he was assigned to Company D,
1-6 IN (Germany), on 30 December 1997.

   c.  Item 9 (Awards, Decorations and Campaigns) does not show the KCM or NATO Medal.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 23 July 2001 based on completion of required active service.  He had completed 4 years of net active service this period.  It shows the:

* ARCOM (2nd Award)
* Army Achievement Medal (3rd Award)
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
* Army Lapel Button
* Driver and Mechanic Badge with "W" (Wheeled Vehicle) Component Bar

5.  A review of the applicant's military personnel records failed to reveal any evidence that he served under NATO command or operational control in direct support of NATO operations relating to Kosovo.  

6.  A review of the applicant's military personnel records failed to reveal a copy of a NATO Medal Certificate or other evidence showing award of the NATO Medal.

7.  In support of his application, the applicant provides a DA Form 638 (Recommendation for Award) that shows he was awarded the ARCOM for meritorious achievement while assigned to HHC, 1-6 IN, and deployed with 
TF Hawk to Tirana, Albania, from 8 April 1999 to 6 July 1999.  It also shows the award was announced in Headquarters, 2nd Brigade Combat Team, Permanent Order Number 189-70, dated 8 July 1999.

8.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay from 15 April 1999 through 4 July 1999 for service in Albania.

9.  Headquarters, 10th Mountain Division (Light Infantry), Fort Drum, NY, Permanent Orders 194-9, dated 12 July 2000, awarded the applicant the Army Good Conduct Medal (1st Award) for the period 24 July 1997 through 23 July 2000.

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

	a.  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 designated operations, including 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).  

	 	(1)  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.

	 	(2)  A 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.

	b.  Chapter 9 (Foreign and International Decorations and Awards to U.S. Army Personnel) provides in paragraph 9-25 that individual decorations may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government or international organization concerned, for the specific award.


   c.  The NATO Medal is awarded by the Secretary-General to military
and civilian members of the Armed Forces of the United States who participate in designated NATO operations.  The Secretary of Defense may approve acceptance and wear of the NATO Medal for U.S. Armed Forces personnel who serve under NATO command or operational control in direct support of an approved NATO mission/operation.  The NATO Medal for operations related to Kosovo Task Force Hawk (from 5 April 1999 to 24 June 1999) was approved by the Secretary of Defense for acceptance and wear.

11.  The U.S. Army Human Resources Command (HRC), Military Awards Branch website provides information pertaining to military awards.  It also provides links to Military Personnel (MILPER) messages.

   a.  MILPER Message 11-200, issued 29 June 2011, subject:  Updated NATO Policy Regarding Requests for the NATO Medal by U.S. Army Soldiers, shows that, effective 1 January 2011, all NATO Medal requests must be submitted within two years of leaving the operational area.  It also shows that effective
1 January 2011, the NATO Medal for previous NATO operations that ended over two years ago will no longer be processed or issued, including Kosovo Operations.

   b.  The HRC, Military Awards Branch 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 NATO Medal Certificate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the KCM and NATO Medal for Kosovo Operations because he served in Albania in support of TF Hawk.

2.  The evidence of record shows the applicant was assigned to HHC, 1-6 IN, and he deployed to Albania as a member of TF Hawk.

   a.  The DA Form 638 awarding him the ARCOM while deployed with TF Hawk shows the period of service from 8 April 1999 through 6 July 1999, whereas DFAS records show the period of his deployment as 15 April 1999 through 4 July 1999.
   
   b.  In either case, the evidence of record shows the applicant's service in Albania qualified him for award of the KCM with one bronze service star for campaign participation.
   c.  Thus, his records should be corrected to show he is authorized the KCM with one bronze service star.

3.  The evidence of record shows, effective 1 January 2011, all NATO Medal requests must be submitted within two years of leaving the operational area. There is no evidence that shows the applicant served under NATO command or operational control in direct support of NATO (Kosovo Operations), that he was issued a NATO Medal Certificate, or that he was awarded the NATO Medal.

4.  The NATO Medal is not an Army award; therefore, this Board has no authority to award it.  If the applicant can provide evidence (i.e., a NATO Medal Certificate) showing it has already been awarded, it may be entered on his DD Form 214.  However, in the absence of any official documentary evidence showing award of the NATO Medal for Kosovo Operations, there is an insufficient evidentiary basis to grant the applicant's requested relief.

5.  Permanent orders awarded the applicant the Army Good Conduct Medal
(1st Award).  

6.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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 adding to his DD Form 214 the:

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

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 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)                                         AR20130015819



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ABCMR Record of Proceedings (cont)                                         AR20130015819



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