IN THE CASE OF:
BOARD DATE: 19 June 2008
DOCKET NUMBER: AR20080003475
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 he served in Kosovo. He also requests, in effect, that his general under honorable conditions discharge be upgraded.
2. The applicant states that the date and location of his service in Kosovo was not entered on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and his certificate for award of the North Atlantic Treaty Organization (NATO) Medal.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants request for an upgrade of his general under honorable discharge is noted. However, his request must be directed to the Army Discharge Review Board (ADRB) for consideration. The ABCMR operates under the procedures set forth in Army Regulation 15-185, which provides that the ABCMR will not consider any application until the applicant has first exhausted all other administrative remedies available. Since 15 years have not elapsed since his discharge, an application to the ADRB is still available to him as an administrative remedy. This portion of his request will be administratively transferred to the ADRB and as a result, this portion of his request regarding an upgrade of his discharge will not be discussed further in this Record of Proceedings.
3. The applicant enlisted in the Regular Army on 7 August 2001. He completed infantry training and was awarded military occupational specialty 11B (infantryman). He was assigned to Germany on 27 December 2001.
4. The applicant provided a certificate which shows he was awarded the NATO Medal for service with NATO on operations in relation to Kosovo during the period 8 May 2002 through 19 November 2002.
5. The applicant was discharged from active duty on 20 September 2003 at the Transition Center in Schweinfurt, Germany. He completed 2 years, 1 month, and 14 days of creditable active service. His AWOL is not recorded on his DD Form 214.
6. His DD Form 214 shows he completed 1 year, 8 months, and 24 days of foreign service in item 12f (Foreign Service). Item 18 (Remarks) on his DD Form 214 does not show any foreign service in Kosovo. He was awarded the NATO Medal; however, it is not recorded on his DD Form 214.
7. Information obtained from the Defense Finance and Accounting Service (DFAS) revealed that the applicant arrived in a combat zone in Kosovo on 8 May 2002 and departed on 20 November 2002.
8. Army Regulation 635-5 (Separation Document) states, in pertinent part, that the country and dates of deployment for an active duty Soldier deployed with his or her unit during their continuous period of active service will be shown in item 18.
DISCUSSION AND CONCLUSIONS:
1. The applicants records at DFAS show he served in a combat zone in Kosovo from 8 May 2002 and departed on 20 November 2002 and he was awarded the NATO Medal for service in NATO during this period.
2. Based on the applicants service in Kosovo, item 18 on his DD Form 214 should be amended to show the entry "SERVICE IN KOSOVO FROM 20020508 TO 20021120."
3. The applicant provided a certificate which shows he was awarded the NATO Medal; however, this award is not listed on his DD Form 214. Therefore, his DD Form 214 should be administratively corrected to reflect the NATO Medal.
BOARD VOTE:
xx______ xx_____ xx______ 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:
a. amending item 18 on his DD Form 214 to show the entry "SERVICE IN KOSOVO FROM 20020508 TO 20021120"; and
b. adding the NATO Medal to his DD Form 214.
xxxxxxx _______ ___
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) AR20080003475
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ABCMR Record of Proceedings (cont) AR20080003475
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