MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           16 July 2002
	DOCKET NUMBER:   AR2002068830

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn 		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Donald P. Hupman, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS: That his records be corrected to show entitlement to award of the Kosovo Campaign Medal (KCM).

APPLICANT STATES: That his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 12 April 2001 does not reflect award of the KCM.

EVIDENCE OF RECORD:  The applicant's military records show:

On 20 August 1998, he enlisted in the Kansas Army National Guard and was discharged to enter the Regular Army on 15 September 1999.  During the period 23 September 1998 to 14 March 1999, he served on active duty for training and completed his required training and was awarded military occupational specialty 92G (Food Service Specialist).

On 15 September 1999, he enlisted in the Regular Army in pay grade E-2, for     3 years.

During the period 21 October 1999 to 12 April 2001, he served in Germany.

On 12 April 2001, he was discharged with a general, under honorable conditions discharge under Army Regulation 635-200, chapter 13 for unsatisfactory performance.  His DD Form 214 shows he had a total of 2 years and 22 days of creditable service.  He was awarded the Army Service Ribbon. 

Military Personnel (MILPER) Message 00-180 indicates, in pertinent part, that the KCM is awarded to service members who were bonafide 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) or for 60 nonconsecutive days provided this support involves entering the operations AOE or meet one or more of the following criteria: (1) be engaged in actual combat, or duty that is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the AOE; (2) while participating in the operation, regardless of time, is wounded or injured and requires medical evacuation from the AOE; or, (3) while participating as regularly assigned aircrew member flying sorties into, out of, within, or over the AOE in direct support of the military operations.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The available records do not validate the applicant’s claim to service in Kosovo or entitlement to the KCM.  His records are complete and show his service in Germany, but not in Kosovo, which is a requirement for this award. He has not shown otherwise.

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________ GRANT

________  ________  ________ GRANT FORMAL HEARING

_DPH____  __FNE__  _MHM__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002068830	
SUFFIX		
RECON		
DATE BOARDED	20020716	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.