RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 July 2007
DOCKET NUMBER: AR20070002382
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Mr. Jerome L. Pionk
Member
Mr. John G. Heck
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his Certificate of Release or Discharge (DD Form 214) to show award of the Kosovo Campaign Medal.
2. The applicant states that he served in Kosovo and was injured and is now trying to obtain tax credit for a home purchase. He further states that he received a copy of his DD Form 214 Worksheet (WS). He did not receive a DD Form 214.
3. The applicant provides a copy of his DD Form 214WS, Officer Evaluation Report (OER) for the period from 15 December 2000 to 23 June 2001, and his Officer Record Brief dated 12 October 2002.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 5 October 2002, the date of his release from active duty. The application submitted in this case is dated 9 February 2007.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicants failure to timely file.
3. On 29 May 1999, the applicant entered the Regular Army as a Field Artillery Officer. He was placed on the Temporary Disability Retired List (TDRL) due to physical disability on 5 October 2002. He had attained the rank of first lieutenant, pay grade O2, and had completed 3 years, 4 months, and 7 days of creditable active service.
4. The applicants OER for the period from 15 December 2000 to 23 June 2001, shows that the applicant was on extended deployment to Camp Bondsteel, Kosovo.
5. Item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214WS shows his awards as the National Defense Service Medal, Army Service Ribbon, and the Army Lapel Button. It does not show the Kosovo Campaign Medal.
6. Award of the Kosovo Campaign Medal and the NATO Medal for Kosovo service are based on proof of service in support of specific operations beginning in March 1999 in the specified areas of operation. To be eligible for award of the Kosovo Campaign Medal an individual must be in a unit participating in operation for 30 consecutive days or 60 nonconsecutive and/or meet other established criteria or directly supporting the following operations: Operation Allied Force (24 March 1999 through 10 June 1999); Operation Joint Guardian (11 June 1999 through a date to be determined); Operation Allied Harbour (4 April 1999 through 1 September 1999); Operation Sustain Hope/Shining Hope (4 April 1999 through 10 July 1999); Operation Noble Anvil (24 March 1999 through 20 July 1999); or Kosovo Task Forces Hawk (5 April 1999 through 24 June 1999); Saber (31 March 1999 through 8 July 1999); Falcon (11 June 1999 through a date to be determined), coinciding with Joint Guardian; or Hunter within areas of operation for the Kosovo Air Campaign and/or the Kosovo Defense Campaign.
7. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents. In pertinent part, it provides that if no DD Form 214 is available, a Statement of Service or a Transcript of Military Record will be issued.
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows that the applicant served a qualifying period of service in Kosovo for award of the Kosovo Campaign Medal. Therefore, his records should be corrected to show this award.
2. Since regulatory guidance precludes reissuing a DD Form 214 to the applicant, he should be provided a Statement of Service for his creditable active duty service.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 October 2002; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
4 October 2005. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
__JGH __ __LDS __ __JLP___ 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 and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. issuing him a Statement of Service for the period from 29 May 1999 to 5 October 2002; and
b. showing his awards as the National Defense Service Medal, Kosovo Campaign Medal, Army Service Ribbon, and the Army Lapel Button.
__ Linda D. Simmons____
CHAIRPERSON
INDEX
CASE ID
AR20070002382
SUFFIX
RECON
DATE BOARDED
20070726
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107
2.
3.
4.
5.
6.
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