IN THE CASE OF:  	  

		BOARD DATE:  18 September 2014  	  

		DOCKET NUMBER:  AR20140002636 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding the awards of the Armed Forces Expeditionary Medal (AFEM), Kosovo Campaign Medal with one bronze service star, Armed Forces Service Medal (AFSM), and the North Atlantic Treaty Organization (NATO) Medal.

2.  The applicant states he earned and received those awards and they were reflected on his records until he retired and were omitted from his DD Form 214.

3.  The applicant provides a two-page letter explaining his application and copies of his DD Form 214, Military Personnel (MILPER) Message #99-157, MILPER Message #00-180, Certificate awarding him the NATO Medal, orders deploying his unit to Bosnia-Herzegovina in support of Task Force Eagle (Operation Joint Guard Follow on Force), a DA Form 4187 requesting award of the AFEM to the 401st Military Police Company, and the deployment orders for that unit. 

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 2 February 1994.  He completed his training as a military police and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-7 on 1 July 2007.

3.  On 3 March 2010, he was honorably retired under the provisions of Army Regulation 635-40, paragraph 4-24b(1) due to disability.  He had served 
16 years, 1 month, and 2 days of active service.  His DD Form 214 issued at the time of his retirement shows that he was awarded the Army Commendation Medal (3rd Award), Army Achievement Medal (4th Award), Army Superior Unit Award, Army Good Conduct Medal (5th Award), National Defense Service Medal with one bronze star, Global War on Terrorism Service Medal, Korea Defense Service Medal, Noncommissioned Officer Professional Development Ribbon with numeral two, Army Service Ribbon, Overseas Service Ribbon with numeral three, Basic Army Recruiter Badge, Army Recruiter Badge – Gold with three sapphire stars, and the Driver and Mechanic Badge.

4.  A review of his Enlisted Record Brief (ERB) dated 14 December 2009 shows awards of the AFEM, Kosovo Campaign Medal with campaign star, Armed Forces Service Medal, and NATO Medal.

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

6.  Army Regulation 600-8-22 states 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).  To add the NATO Medal to a Soldier's record the Soldier must have been issued a certificate.

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 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).  

8.  Army Regulation 600-8-22 states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  The AFEM was authorized for deployment to the Former Republic of Yugoslavia (Operations Joint Endeavor and Joint Guard) during the period 21 June 1998 to a date to be determined. 

9.  Army Regulation 600-8-22 states the AFSM may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992 participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action.  Service members must be bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days' duration) or 60 nonconsecutive days provided this support involves entering the area of eligibility or meet the following criteria:  Joint Task Force Panama is not listed as an authorized operation approved for award of the AFSM.

10.  MILPER Number 99-100 authorized award of both the AFSM and the AFEM, as a one-time exception to Department of Defense and Service policy, for qualifying service in support of Operations Joint Endeavor and Joint Guard in the Republic of Bosnia-Herzegovina.  This exception allowed both service medals to be presented to personnel deployed in Bosnia-Herzegovina during the periods 
1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and 20 December 1996 to 20 June 1998 (Operation Joint Guard).  The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided a copy of his certificate awarding him the NATO Medal and is entitled to have that award added to his DD Form 214.

2.  The applicant deployed to Bosnia-Herzegovina in support of Task Force Eagle as part of the Operation Joint Guard Follow-on Force on 22 February 1999.  The available records do not indicate the total period he was deployed; however, since his ERB shows that he was awarded the Kosovo Campaign Medal with one bronze service star, it would be appropriate to add that award to his DD Form 214.

3.  The applicant’s ERB also shows that he was awarded the AFEM and it is reasonable to presume that it was awarded for his deployment to Bosnia-Herzegovina and since the AFEM was authorized for that deployment it should be added to his DD Form 214.

4.  The applicant provides a DA Form 4187 showing that the commander of the 401st Military Police Company requested that the AFSM be authorized for that unit for its deployment in support of Joint Task Force – Panama from 
1 December 1995 – 8 May 1996.  However, that operation is not one of the operations approved for award of the AFSM.  Accordingly, there is insufficient evidence to show that he is authorized the AFSM or to add that award to his DD Form 214. 

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 the AFEM, NATO Medal, and Kosovo Campaign Medal with one bronze service star to his DD Form 214.

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 adding the award of the AFSM to his DD Form 214.  




      _______ _   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)                                         AR20140002636





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ABCMR Record of Proceedings (cont)                                         AR20140002636



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