IN THE CASE OF:	   

		BOARD DATE:	  3 March 2015

		DOCKET NUMBER:  AR20140010834 


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 add the following awards:

* three Army Achievement Medals (AAM)
* Army Commendation Medal (ARCOM)
* Armed Forces Expeditionary Medal (AFEM)
* North Atlantic Treaty Organization (NATO) Medal
* Armed Forces Service Medal (AFSM)
* Afghanistan Campaign Medal (ACM)
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Kosovo Campaign Medal (KCM)

2.  The applicant states:

* the requested awards and medals are not listed on his DD Form 214 and he believes they should be
* his discharge was completed quickly, thus the errors
* his AAM citation, dated 26 August 1999, supports authorization of the KCM based on service in Kosovo as part of NATO operations
* he has been unable to apply for federal jobs he is qualified for due to the omission of these medals on his DD Form 214

3.  The applicant provides:

* AAM Certificate showing Permanent Orders Number 98-234-033
* AAM Certificate showing Permanent Orders Number 99-238-005
* AAM Certificate showing Permanent Orders Number 00-137-01
* ARCOM Certificate showing Permanent Orders Number 132-097
* Task Force Sixshooters, Tuzla West, Comanche Base, Operation Joint Forge memorandum for record
* 7th Battalion, 101st Aviation Regiment (Air Assault), Task Force Talon, 101st Airborne Division (Air Assault) memorandum for record

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 5 November 1996.

3.  The applicant provided the following certificates showing his receipt of three AAMs and one ARCOM:

* AAM Certificate showing Permanent Orders Number 98-234-033
* AAM Certificate showing Permanent Orders Number 99-238-005 awarded him the AAM for meritorious achievement during combat operations in Kosovo as part of NATO Operation Joint Guardian
* AAM Certificate showing Permanent Orders Number 00-137-01
* ARCOM Certificate showing Permanent Orders Number 132-097

4.  The applicant provides a Task Force Sixshooters, Tuzla West, Comanche Base, Operation Joint Forge memorandum for record, dated 6 August 1998, subject:  AFSM Orders, authorizing him the NATO Medal and the AFEM for service in Tuzla West, Comanche Base, Bosnia-Herzegovina as part of Task Force Sixshooters deployed in support of Operations Joint Guard/
Joint Forge.

5.  The applicant provides a 7th Battalion, 101st Aviation Regiment (Air Assault), Task Force Talon, 101st Airborne Division (Air Assault) memorandum for record, dated 14 June 2002, subject:  Statement of Wartime Service, certifying his service with Task Force Talon, 101st Airborne Division, during Operation Noble Eagle from 1 October 2001 to 10 December 2001 and during Operation Enduring Freedom from 3 January 2002 to 20 June 2002.

6.  On 4 November 2002, the applicant was released from active duty and transferred to an Army National Guard unit.  His DD Form 214 shows in:

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

* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Aircraft Crewman Badge

	b.  item 18 (Remarks), he served in Bosnia from 19 April 1998 through 23 October 1998, Albania from 12 April 1999 through 4 June 1999, Macedonia from 4 June 1999 through 23 September 1999, and Afghanistan from 14 January 2002 through 4 August 2002.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instruction concerning individual and unit awards.

	a.  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.  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 from 13 October 1998 to a date to be determined.

	b.  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 from 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 from 24 March 1999 to 10 June 1999 and continued into the Defense Campaign from 11 June 1999 to a date to be determined entitles a member to only one bronze service star.

	c.  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 AOE.  Among the approved designated U.S. military operations are Operations Joint Endeavor and Joint Guard from 1 June 1992 through 20 June 1998 and Operation Joint Forge from 21 June 1998 to a date to be determined.

	d.  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 AOE or 60 nonconsecutive days provided this support involves entering the AOE.  Among the designated U.S. military operations approved for award of the AFSM are Operation Joint Guard from 20 December 1996 to 20 June 1998 and Operation Joint Forge from 21 June 1998 to a date to be determined.

	e.  Military Personnel (MILPER) 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 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.

	f.  The ACM is awarded to members who have served in direct support of Operation Enduring Freedom.  The AOE 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 Operation Enduring Freedom.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.

	g.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in 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 50 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 or 60 nonconsecutive days in the AOE or meet other specified criteria.  Initial award of the GWOTEM was limited to service members who deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE, including Afghanistan.

	h.  Service members who 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 ACM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	i.  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 or 60 nonconsecutive days, are authorized award of the GWOTSM.

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.  Permanent orders awarded him three AAMs and an ARCOM.  Therefore, these awards should be added to his DD Form 214.

3.  Records indicate he was authorized acceptance and wear of the NATO Medal for service in Bosnia-Herzegovina as part of Operations Joint Guard/Joint Forge.  His DD Form 214 also corroborates his deployment to Bosnia from 19 April 1998 through 23 October 1998, Albania from 4 June 1999 through 12 April 1999, and Macedonia from 4 June 1999 through 23 September 1999.  His AAM, dated 26 August 1999, further corroborates his service in Kosovo as part of NATO operations for 30 consecutive days.  Therefore, the KCM with one bronze service star and the NATO Medal should be added to his DD Form 214.

4.  MILPER Message Number 99-100 authorized award of both the AFSM and the AFEM as a one-time exception for qualifying service in support of Operations Joint Endeavor and Joint Guard in the Republic of Bosnia-Herzegovina.  The applicant's service in Bosnia-Herzegovina meets these qualifications.  Therefore, these medals should be added to his DD Form 214.

5.  The evidence shows the applicant completed a qualifying period of service on or after 11 September 2001 with Task Force Talon during Operation Noble Eagle, an operation outside of the AOE designated for award of the GWOTEM, ACM, or ICM for authorization of the GWOTSM.  Therefore, the GWOTSM should be added to his DD Form 214.

6.  The applicant deployed to Afghanistan from 14 January 2002 through 4 August 2002, a qualifying period of service for authorization of the ACM with one bronze service star.  Therefore, his DD Form 214 should be corrected to show this service medal.

7.  Service members who qualified for the GWOTEM by reason of service between 24 October 2001 and 28 February 2005 in an area for which the ACM was subsequently authorized will not be entitled to both medals for the same act, achievement, or period of service.  The applicant's service in Afghanistan qualifies him for the ACM, therefore, he is not entitled to award of the GWOTEM for the same period of service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 following awards to item 13 of his DD Form 214:

* ARCOM
* AAM (3rd Award)
* AFEM
* KCM with one bronze service star
* ACM with one bronze service star
* GWOTSM
* AFSM
* NATO Medal

2.  The Board further determined 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 correction of his DD Form 214 to reflect award of the GWOTEM.



      _______ _   _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)                                         AR20140010834



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ABCMR Record of Proceedings (cont)                                         AR20140010834



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