IN THE CASE OF:	  

		BOARD DATE:	       5 March 2009

		DOCKET NUMBER:  AR20080009712 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his overseas service in Kosovo and his awards.

2.  The applicant states that his DD Form 214 does not reflect his service in Kosovo from September 1999 to February 2000.   

3.  The applicant provides, in support of his application, copies of his DD Form 214, assignment orders, and award recommendation/orders.   

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 2 July 1997, the applicant enlisted in the Regular Army.  He completed his initial training to include the Basic Airborne Course and was awarded military occupational specialty (MOS) 13E1P (Cannon Fire Direct Specialist with airborne qualification).

3.  On 26 November 1997, the applicant was assigned for duty with the 3rd Battalion, 319th Airborne Field Artillery Regiment (AFAR), Fort Bragg, North Carolina.

4.  Permanent Orders 218-03, 82nd Airborne Division, Fort Bragg, dated
6 August 1999, show the applicant, as a member of the 3rd Battalion, 319th AFAR, was deployed on a Unit Temporary Change of Station (TCS) status to Camp Bondsteel, Kosovo with the 3rd Battalion, 504th Parachute Infantry Regiment (PIR) in support of Operation Joint Guardian.  The applicant is listed on the accompanying by-name roster with an arrival date of 11 September 1999.

5.  Permanent Orders Number 030-029, Headquarters, 3rd Battalion, 504th PIR, dated 30 January 2000, awarded the applicant the Army Achievement Medal for exceptionally meritorious service while assigned to C Battery, 3rd Battalion, 319th AFAR from 15 September 1999 to 1 February 2000.  During this period he was an invaluable asset to the Battery during Operation Joint Guardian during this period.

6.  On 1 July 2000, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had attained the rank of specialist (SPC)/pay grade E-4 and had completed 3 years of creditable active duty service.  

7.  Item 12 (Record of Service) of the applicant's DD Form 214 shows no overseas service in block 12f (Foreign Service).

8.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Army Lapel Button, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and the Parachutist Badge.  It does not show the Army Achievement Medal or the Kosovo Campaign Medal. 

9.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, for an entry in block 12f of the total amount of foreign service completed during the current period of active duty.  It further provides 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)."

10.  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. 

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army 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.  The current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of active Federal military service.  Denial requires the commander’s disqualifying comments.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show his overseas service in Kosovo and all of his awards.

2.  The available evidence shows that the applicant was assigned for service in Kosovo and that he received an Army Achievement Medal for meritorious service in Kosovo for his service from 15 September 1999 to 1 February 2000 (4 months and 17 days).

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service by receiving a personal award for meritorious service and attaining the rank of specialist.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.
4.  The available evidence clearly shows that the applicant served a qualifying period for award of the Kosovo Campaign Medal.  Therefore, his records should be corrected to show this award.

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.  deleting from Item 12f of his DD Form 214 the entry "0000 00 00";

	b.  adding to Item 12f of his DD Form 214 the entry "0000 04 17"; 

   c.  adding to Item 18 of his DD Form 214 the entry "SERVICE IN KOSOVO FROM 19990915 - 20000201"; 
   
   d.  awarding him the Army Good Conduct Medal for the period from 2 July 1997 to 1 July 2000; and
   
   e.  showing, in addition to the awards already shown on his DD Form 214, that his awards include the Army Achievement Medal, Army Good Conduct Medal, and the Kosovo Campaign Medal.




      _________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)                                         AR20080009712



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ABCMR Record of Proceedings (cont)                                         AR20080009712



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