IN THE CASE OF:	  

		BOARD DATE:	       5 August 2008

		DOCKET NUMBER:  AR20080005849 


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, in effect, correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Army Good Conduct Medal, Kosovo Campaign Medal, Overseas Service Ribbon, and the North Atlantic Treaty Organization (NATO) Medal.  He also requests correction to show his foreign service.  

2.  The applicant states, in effect, that he was separated from active duty when he returned from deployment and his DD Form 214 does not show that he received these awards.  

3.  The applicant provides copies of his DD Form 214, Certificate for award of the Army Achievement Medal, self-generated recommendation for award of the Army Good Conduct Medal, and extracts of award criteria from Army Regulation 
600-8-22 (Military Awards). 

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.  On 24 September 1996, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 62J (General Construction Equipment Operator).

3.  On or about 2 September 1999, the applicant was deployed to Kosovo.  He returned to the United States on or about 8 March 2000 for duty at Fort Bragg, North Carolina.  He had served overseas for a period of 6 months and 7 days.

4.  On 23 September 2000, the applicant was released from active duty due to completion of required service.  He was transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist, pay grade E-4, and had completed 4 years of creditable active service.  

5.  Item 12f (Record of Foreign Service) of the applicant's DD Form 214 does not show any overseas service during this period.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows his awards as the Army Achievement Medal (two awards), Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, Parachutist Badge, Air Assault Badge, and the Army Lapel Button.  It does not show award of the Army Good Conduct Medal or other awards for service in Kosovo.

7.  Item 18 (Remarks) of the applicant's DD Form 214 does not show the dates of his deployment during this period of service.

8.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, that Item 18 (Remarks) will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 

9.  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 operations in the specified area of operations.  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.  A bronze service star is affixed to the Kosovo Campaign Medal to denote campaigns.

10.  Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

11.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

12.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined. 

13.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  



DISCUSSION AND CONCLUSIONS:

1.  Records clearly show that the applicant served during a qualifying period of service for award of the Kosovo Campaign Medal with one bronze service star (Operation Joint Guardian) and the NATO Medal.

2.  Records clearly show that the applicant served a qualifying period service for award of the Overseas Service Ribbon.

3.  Records clearly show that the applicant served a qualifying period service for award of the National Defense Service Medal and the Global War on Terrorism Service Medal.

4.  The evidence of record clearly shows the applicant served a qualifying period of time for an initial award of the Army Good Conduct Medal during the period 
24 September 1996 to 23 September 1999.  There is no derogatory information in his record and there is no evidence showing that his commander took any action to deny him this award.  Therefore, he should be awarded the Army Good Conduct Medal.

5.  Item 12f (Record of Foreign Service) of the applicant's DD Form 214 should be corrected to show that he served overseas for a period of 6 months and 
7 days.

6.  Item 18 (Remarks) of the applicant's DD form 214 should be corrected to add "SERVICE IN KOSOVO FROM 19990902 TO 20000308."

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:

	a.  awarding him the Army Good Conduct Medal for the period from 
24 September 1996 to 23 September 1999;

	b.  showing, in addition to the awards already shown on his DD Form 214, that his awards include the Army Good Conduct Medal, National Defense Service Medal, NATO Medal, Kosovo Campaign Medal with one bronze service star, Global War on Terrorism Service Medal, and the Overseas Service Ribbon;

	c.  showing in Item 12f of his DD Form 214 his foreign service as 6 months and 7 days; and

	d.  showing in Item 18 of his DD Form 214 "SERVICE IN KOSOVO FROM 19990902 TO 20000308."




      _______ _   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)                                         AR20080005849



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ABCMR Record of Proceedings (cont)                                         AR20080005849



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