IN THE CASE OF:	  

		BOARD DATE:	  2 June 2015

		DOCKET NUMBER:  AR20140015810 


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 award of and inclusion of the British Jump Wings, Kosovo Defense Campaign Medal, and a North Atlantic Treaty Organization (NATO) Medal on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

2.  The applicant states – 

* he earned his British Jump Wings in 1998 while assigned to Company B, 3rd Battalion, 504th Parachute Infantry Regiment 
* he transferred to Company A and was deployed to Kosovo 
* he has learned that the battalion was awarded the NATO Medal and Kosovo Defense Medal 

3.  The applicant provides no supporting documentation.

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 on 10 October 1997, completed training including basic airborne training, and was awarded the military occupational specialty 11B (Infantryman).  

3.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) record of assignments ends with his assignment to Headquarters and Headquarters Company, 3rd Battalion, 504th Parachute Infantry Regiment at Fort Bragg, North Carolina on 2 July 1998.  At this point he is shown to have been awarded the Parachutist Badge and the Army Service Ribbon.

4.  The available record does not include specific information on the applicant's deployment to England or Kosovo.  It does includes a number of general counseling statements that give reference to these deployments including statements showing the unit –

* was preparing for deployment to England in October 1998
* was in England in November and December 1998
* had completed the first month of a 6-month deployment in Kosovo in October 1999
* in March 2000 he received 2-weeks block leave following a 6-month deployment in Kosovo 
   
5.  A 28 February 2000 DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) shows he was assigned to Company A, 3rd Battalion, 504th Parachute Infantry Regiment, stationed at Urosevac, Kosovo.

6.  The applicant's Enlisted Record Brief shows assignment to shows his assignment to Companies A and B, 3rd Battalion, 504th Parachute Infantry Regiment at Fort Bragg, North Carolina.

7.  The applicant was discharged on 30 August 2000.  His DD Form 214 lists his awards as the Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and the Parachutist Badge.  It does not show any foreign service.

8.  None of the web based unit histories, including Wikipedia, record the 3rd Battalion, 504th Parachute Infantry Regiment's participation in Kosovo during the period for award of the Kosovo Campaign Medal or indicate that service was under NATO command or operational control.  

9.  Army Regulation 600-8-22 (Military Awards), provides the following:

   a.  The Kosovo Campaign Medal was established on 3 May 2000 and 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 Kosovo Operations within the area of operation.  
   
      (1)  The Kosovo Air Campaign began on 24 March 1999 and ended on 10 June 1999.  The Kosovo Defense Campaign began on 11 June 1999 to a date to be determined.  
      
      (2) 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 area of eligibility or for 60 nonconsecutive days provided this support involves entering the operations area of eligibility.  
      
   b.  One bronze service star will be worn on the suspension and service ribbon of the Kosovo Campaign Medal 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 begin during the Air Campaign and continues into the Defense Campaign entitles a member to only one bronze service star.

	c.  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 United States 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.  Operations related to Kosovo (13 October 1998 to a date to be determined) are included in the operations that have been approved by the Secretary of Defense, for acceptance and wear.

	d.  Authorized foreign badges are listed at Appendix D.  The British Army Parachutist Badge is listed as a foreign badge authorized to be worn by U.S. personnel.  

10.  Army Regulation 15–185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  It provides at:
   a.  Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

	b.  Paragraph 2–3 states the ABCMR’s jurisdiction under 10 USC 1552 extends to any military record of the Department of the Army.  It is the nature of the record and the status of the applicant that define the ABCMR’s jurisdiction.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has not provided and the record contains no evidence he qualified for or was awarded the British Army Parachutist Badge.  In the absence of such evidence, there is no basis for adding the badge to his DD Form 214.

2.  Although there are no specifics as to the dates of his service in Kosovo, the secondary evidence shows the applicant served in Kosovo from October 1999 through February 2000.  This period of service of service meets the criteria for award of the Kosovo Campaign Medal with one bronze service star.  It would be appropriate show this medal on his DD Form 214. 

4.  The majority of U.S. operations in Kosovo, during the period the applicant was in-country, were a part of NATO operations.  However, the award of the NATO Medal is under the authority of the Secretary General of NATO and the ABCMR does not have the authority direct it's award.  Without orders or certificate from that authority authorizing award of the medal, it would not be appropriate to include it on the 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 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 the NATO Medal and the British Army Parachutist Badge.  



      _______ _   _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)                                         AR20140015810



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ABCMR Record of Proceedings (cont)                                         AR20140015810



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