IN THE CASE OF:	  

		BOARD DATE:	  4 December 2014

		DOCKET NUMBER:  AR20140003412 


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 the Kosovo Campaign Medal (KCM) and the Armed Forces Expeditionary Medal (AFEM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that he served with the 1439th Engineer Detachment (Fire Fighting), Michigan Army National Guard (MIARNG) and he was assigned to the Hungary-Bosnia-Croatia area during the period 
31 December 1996 through 5 September 1997. 

3.  The applicant provides:

* DD Form 214, issued 5 September 1997
* Orders 363-011, dated 28 December 1996
* Letter of Appreciation, dated 1 August 1997
* North Atlantic Treaty Organization (NATO) Medal Certificate
* Operation Joint Guard Scroll of Appreciation
* Veterans of Foreign Wars (VFW) news article, dated January 2014

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.  Records available to the Board indicate the applicant was an MIARNG Soldier serving in pay grade E-5 at the time he was ordered to active duty on 
31 December 1996 in support of Operation Joint Guard.

3.  On 5 September 1997, he was released from active duty upon completion of his required period of active service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the 

* Armed Forces Service Medal
* Armed Forces Reserve Medal with "M" Device and Bronze Hourglass
* Army Reserve Components Achievement Medal (Fourth Award)
* Kuwait Liberation Medal (Kuwait)
* Good Conduct Medal-Army
* National Defense Service Medal (Second Award)
* Army Service Ribbon
* “Southwest Asia Kuwait Liberation Medal”
* Southwest Asia Service Medal with 3 Bronze Service Stars

4.  Item 18 (Remarks) of his DD Form 214 shows he served in Hungary from
21 January to 7 August 1997 (6 months and 17 days).

5.  He provides:

	a.  A NATO Medal certificate for service with NATO on operations in relation to the Former Yugoslavia from 21 January 1997 to 8 August 1997;

	b.  A VFW news article, titled "Forgotten in the Balkans," which states: 
"After 18 years, GIs are still serving in Southeast Europe.  Through last year, the Kosovo Campaign Medal was being awarded.  Beginning Jan. 1, 2014, the Armed Forces Expeditionary Medal will be given to personnel who serve in the potentially volatile region."



6.  Army Regulation 600-8-22 (Military Awards) provides that:

	a.  The KCM is awarded to members of the Armed Forces of the United States who participated in or served in direct support of Kosovo operation(s) after 24 March 1999.  The Kosovo Defense Campaign began on 11 June 1999 and ends on a date to be determined.

	b.  The Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual who was not engaged in actual combat or equally hazardous activity must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  The regulation notes that Soldiers deployed in Bosnia-Herzegovina and Croatia between 1 June 1992 and 20 June 1998 as part of Operations Joint Endeavor and Joint Guard are entitled to the award.

	c. 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.  The U.S. Army Human Resources Command website notes that to add the NATO Medal to a Soldier's record the Soldier must have been issued a certificate.

7.  Military Personnel Message 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 Operation Joint Endeavor (OJE) and Operation Joint Guard (OJG) 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 (OJE) and 20 December 1996 to 20 June 1998 (OJG).

DISCUSSION AND CONCLUSIONS:

1.  The evidence available to the Board confirms the applicant deployed to Hungary for a period of 6 months and 17 days in support of Operation Joint Guard between January and August 1997, and his NATO Medal Certificate shows he participated in operations in the former Yugoslavia.  As a result of his deployment, he is entitled to the Armed Forces Expeditionary Medal.

2.  He provided a memorandum and a certificate that shows he was awarded the NATO Medal for service with NATO in relation to operations in the former Yugoslavia during the period 21 January 1997 to 8 August 1997.  Therefore, his
DD Form 214 should be corrected to show this award.
3.  The KCM is awarded to individuals who participated in or served in direct support of Kosovo operation(s) after 24 March 1999.  The applicant's service in Hungary occurred prior to this date; therefore, he is not authorized the KCM.

4.  In view of the above, he should be granted partial relief.

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 item 13 of his DD Form 214 issued on 5 September 1997:

* Armed Forces Expeditionary Medal
* North Atlantic Treaty Organization 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.



      _____________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)                                         AR20140003412





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ABCMR Record of Proceedings (cont)                                         AR20140003412



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