IN THE CASE OF:  	  

		BOARD DATE:  25 November 2014	  

		DOCKET NUMBER:  AR20140003782 


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 award of the:

* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal (GWOTSM)
* Afghanistan Campaign Medal (ACM)
* Northern Atlantic Treaty Organization (NATO) Medal
* Kosovo Campaign Medal (KCM)
* Army Commendation Medal (ARCOM)

2.  He states he has a citation for award of the ARCOM and orders for both the KCM and NATO Medal.  He does not have orders for the GWOTSM, the GWOTEM, or the ACM, but he is qualified for them based upon his service in Afghanistan and the guidance set forth in Executive Orders 13289 and 13363.

3.  He provides:

* two memoranda
* a DA Form 4980-14 (ARCOM Certificate)
* a DD Form 214
* Executive Orders 13289 and 13363




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 30 December 1997.

3.  The applicant's record contains and he also provides a memorandum rendered by the Commander, F Company, 159th Aviation Regiment on 1 July 2000.  The purpose of this memorandum was to identify the Soldiers in the unit who were entitled to campaign participation credit for the Kosovo Defense Campaign as a result of having 30 days of continuous or accumulated service in direct support of Operation Task Force Falcon in Skopje, Macedonia between 11 June 1999 and a date to be determined.  The applicant's name is listed on the attached roster.

4.  The applicant's record contains and he also provides a memorandum rendered by the Commander, F Company, 159th Aviation Regiment on 31 July 2000.  The purpose of this memorandum was to identify the Soldiers in the unit who were eligible for award of the NATO Medal as a result of having 30 days of continuous or accumulated service in direct support of Operation Task Force Falcon in Skopje, Macedonia between 11 June 1999 and a date to be determined.  The applicant's name is listed on the attached roster.

5.  The applicant's record contains and he also provides a DA Form 4980-14 which shows Permanent Order Number 318-1, dated 14 November 2003 awarded him the ARCOM for exceptionally meritorious achievement while assigned as a Blackhawk Helicopter Repairer during combat operations in the Central Command Area of Responsibility in support of Operation Enduring Freedom (OEF) from 9 April to 12 June 2003.



6.  On 29 December 2003, the applicant was released from active duty and transferred to an Army National Guard unit.  The applicant's DD Form 214 shows in:

	a.  item 12f (Foreign Service), the entry "0000  04  06" indicating he completed 0 years, 4 months, and 6 days of foreign service during the period covered by the DD Form 214;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the:

* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Aircraft Crewman Badge

	c.  item 18 (Remarks), that he served in Afghanistan from 6 December 2002 through 22 January 2003 and from 5 April through 23 June 2003.

7.  The applicant's record is void of any documentation showing the specific dates of his deployment to Macedonia or that he was awarded the KCM or NATO Medal.  However, a random review of the personnel files of other Soldiers whose names appeared in the memoranda discussed in paragraphs 3 and 4 above revealed that they had been awarded the KCM and NATO Medal.

8.  The Defense Finance and Accounting Service (DFAS) confirmed that the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for deployment to Afghanistan from 4 December 2002 through 22 January 2003 and from 1 April through 23 June 2003.

9.  A review of the U.S. Army Center of Military History website revealed that Operation Allied Force ended on 10 June 1999, after Slobodan Milosevic agreed to permit NATO peacekeepers to enter Kosovo.  To ensure continued security and peace in Kosovo, NATO forces scrambled to deploy their available peacekeepers to the region.  The U.S. Army contingent was designated as Task Force Falcon and was deployed through Macedonia into Kosovo as part of Operation Joint Guardian.





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

	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 Operation Joint Guardian, to include members of Task Force Falcon, (11 June 1999 through a date to be determined).  Army Regulation 600-8-22 further states 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 areas of eligibility (AOE).  One 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.  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 specific NATO operations, including operations related to Kosovo (13 October 1998 to a date to be determined).

	c.  GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general AOE encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE, including Afghanistan.

	d.  the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the AOE designated for award of the GWOTEM, ACM, or ICM.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.
	e.  the Afghanistan Campaign Medal is awarded to members who have served in direct support of OEF.  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 11 September 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

	Liberation of Afghanistan (11 September 2001-30 November 2001)
	Consolidation I (1 December 2001-30 September 2006)
	Consolidation II (1 October 2006-30 November 2009)
	Consolidation III (1 December 2009 - 30 June 2011)
	Transition I (1 July 2011-date to be determined)

	f.  service members qualified for the GWOTEM by reason of service between 24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  It states that for item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show additional awards and decorations was carefully considered and determined to have merit.

2.  Evidence shows the applicant deployed to Macedonia for at least 30 continuous or accumulated days between 11 June 1999 and an unspecified date and was certified as eligible for Kosovo Defense Campaign credit and award of the NATO Medal in two memoranda rendered by his former commander.  Although the applicant's personnel service record is void of documentation showing that he was awarded the KCM and NATO Medal, the memoranda filed in his record are accepted as evidence that shows he is fully qualified for receipt of these medals.  The fact that his unit members whose names also appeared in the memoranda received the KCM and NATO Medal further corroborates his entitlement to the same.  In view of the foregoing, there is a sufficient basis to warrant awarding him the KCM.

3.  Evidence shows the applicant completed a qualifying period of service for entitlement to the GWOTEM for his deployment to Afghanistan from 6 December 2002 through 22 January 2003.  Therefore, his DD Form 214 should be corrected to show this medal.

4.  Evidence shows the applicant completed a qualifying period of service for entitlement to the ACM with one bronze service star for his deployment to Afghanistan from 1 April through 23 June 2003.  Therefore, his DD Form 214 should be corrected to show this service medal.

5.  Evidence shows the applicant completed a qualifying period of service for entitlement to the GWOTSM for his service on and after 11 September 2001.  Therefore, his DD Form 214 should be corrected to show this service medal.

6.  Additionally, permanent orders awarded him the ARCOM; therefore, he is entitled to correction of his DD Form 214 to show this award.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following to item 13 of his DD Form 214:

* Army Commendation Medal
* Northern Atlantic Treaty Organization Medal
* Afghanistan Campaign Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* 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)                                         AR20140003782





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ABCMR Record of Proceedings (cont)                                         AR20140003782



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