BOARD DATE: 14 October 2009 DOCKET NUMBER: AR20090008974 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 Kosovo Campaign Medal. 2. The applicant states, in effect, that authorized awards for his service in Kosovo do not appear in the awards section on his DD Form 214. He contends that at the time he was out processing the clerk was either unaware of the awards that he was authorized or the awards had not yet been authorized so the clerk indicated his service in Kosovo (Operation Joint Guardian) in the remarks section. 3. The applicant provides a copy of his DD Form 214 in support of his application. 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 21 November 1996, served as a light wheel vehicle mechanic, and was released from active duty on 20 November 1999. 3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on the applicant's DD Form 214 shows the Army Achievement Medal, the Good Conduct Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Marksman Marksmanship Qualification Badge with Rifle Bar. Item 18 (Remarks) on the applicant's DD Form 214 shows the entry "SERVICE IN KOSOVO FROM 19990704 TO 19990921." 4. MILPER Message Number 00-180 approved establishment of the Kosovo Campaign Medal for service in support of Operations Allied Force, Joint Guardian, Allied Harbor, Sustain Hope/Shining, Noble Anvil, or service with Task Force Hawk, Task Force Saber, or Task Force Hunter during the Kosovo Air Campaign or the Kosovo Defense Campaign. The Kosovo Air Campaign began on 24 March 1999 and ended on 10 June 1999. The Kosovo Defense Campaign began on 11 June 1999 and will end on a date to be determined. To be eligible for award of the Kosovo Campaign Medal an individual must be in a unit participating in or directly supporting the operation for 30 consecutive days or 60 nonconsecutive and/or meet other established criteria. A bronze service star will be worn on this ribbon to denote participation in each authorized campaign. DISCUSSION AND CONCLUSIONS: Based on his service in Kosovo in support of Operation Joint Guardian during the Kosovo Defense Campaign, the applicant is eligible for the Kosovo Campaign Medal with one bronze service star. Therefore, his DD Form 214 should be corrected to show this medal. 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 Kosovo Campaign Medal with one bronze service star on his DD Form 214. _______ _ _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) AR20090008974 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090008974 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1