IN THE CASE OF:	  

		BOARD DATE:	  19 March 2009

		DOCKET NUMBER:  AR20080016634 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service.  He also requests, in effect, award of the Combat Infantryman Badge and any other awards he may be entitled to as a result of his foreign service.

2.  The applicant states, in effect, that his DD Form 214 does not reflect his foreign service and the awards due him for it, e.g., Combat Infantryman Badge, etc.  He also states that he was deployed with Company C, 2nd Battalion, 505th Parachute Infantry Regiment (PIR) in April 1999 to Albania.  At the end of April/beginning of May, they entered into Kosovo.  He further states, in effect, that he was deployed approximately from April through September 1999.  His company was the Quick Reaction Force for the entire United States sector.  They engaged in numerous missions and reactions to contact and they came under and returned enemy fire on multiple occasions.  He has a DA Form 638 (Recommendation for Award) that shows he was deployed to Albania and Kosovo.  He further states, in effect, he has several witnesses trying to collect the manifest for deployments and returns. He has tried on several occasions to get the manifest, but only got the run around, e.g., the division tells him to call battalion, who tells him to call the brigade, who tells him to call the division, etc.  He entered into government employment in 2007 and found out his service was not credited and he was unable to receive the 5-point veteran's preference.

3.  In support of his application, the applicant provides copies of the front side of a DA Form 638, dated April 2000; his DD Form 214, with an ending date of 5 August 200, and a supplemental email, dated 10 March 2009.
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's military records show he enlisted in the Army Delayed Entry Program (DEP) on 20 February 1996.  He was discharged from the DEP on 8 April 1996 and enlisted in the Regular Army on 9 April 1996.  He completed the required training and was awarded military occupational specialty (MOS) 11B (Infantryman).  

3.  The applicant submits a copy of a DA Form 638 that shows he was recommended for award of the Army Commendation Medal for meritorious service from 1 September 1996 to 20 June 2000.  The justification cites the applicant's first achievement during his deployment to Albania and Kosovo in support of both Task Force Hawk and Task Force Falcon with Company C, 2nd Battalion, 505th PIR [Parachute Infantry Regiment].

4.  The applicant was honorably released from active duty, in pay grade E-4, on 5 August 2000, and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The DD Form 214 issued to the applicant shows zero credit of service time in Item 12f (Foreign Service) and no entry in Item 18 (Remarks) to show he was deployed overseas.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Combat Infantryman Badge.

5.  There are no orders in the applicant’s service personnel records that show he was awarded the Combat Infantryman Badge. 

6.  On 9 January 2009, a staff member of the Defense Finance and Accounting Service, Indianapolis, Indiana, verified that the applicant served in Albania from 1 April through 30 September 1999, a period of 6 months.

7.  On 10 March 2009, the applicant provided an email stating he was deployed to Kosovo from approximately April to September 1999.

8.  Army Regulation 635-5 (Separation Documents), prescribes the policies and procedures regarding separation documents.  The regulation specifies that a DD Form 214 will be prepared for individuals who are retired, discharged, or released from active duty.  Foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.  The regulation also states that the amount of foreign service will be taken from the Soldier’s Enlisted Qualification Record or, if necessary, verified from the Soldier’s Military Personnel Records Jacket.  Additionally, for active duty Soldiers deployed with their unit during their continuous period of active service, the entry “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (Inclusive dates for example, YYYYMMDD-YYYYMMDD)” will be entered in Item 18 of the DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) provides in pertinent part, that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty in a unit actively engaged in ground combat with the enemy.

10.  Army Regulation 600-8-22 also provides, in pertinent part, that the Combat Infantryman Badge is authorized for award for the following qualifying wars, conflicts, and operations:

	(1) World War II (7 December 1941 to 3 September 1945).
	(2) The Korean War (27 June 1950 to 27 July 1953).
	(3) Republic of Vietnam Conflict (2 March 1961 to 28 March 1973), combined with qualifying service in Laos (19April 1961 to 6 October 1962).
	(4) Dominican Republic (28 April 1965 to 1 September 1966).
	(5) Korea on the DMZ (4 January 1969 to 31 March 1994).
	(6) El Salvador (1 January 1981 to 1 February 1992).
	(7) Grenada (23 October to 21 November 1983).
	(8) Joint Security Area, Panmunjom, Korea (23 November 1984).
	(9) Panama (20 December 1989 to 31 January 1990).
	(10) Southwest Asia Conflict (17 January to 11 April 1991).
	(11) Somalia (5 June 1992 to 31 March 1994).
	(12) Afghanistan (Operation Enduring Freedom, 5 December 2001 to a date to be determined).
	(13) Iraq (Operation Iraqi Freedom, 19 March 2003 to a date to be determined).

11.  Award of the Kosovo Campaign Medal is 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), Task Force Saber (31 March 1999 through 8 July 1999), and Task Force 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant served in Albania and Kosovo from approximately 1 April to 30 September 1999.  Based on the applicant's service in Albania and in Kosovo for a period of 6 months, as verified by DFAS, he is entitled to correction of Item 12f of his DD Form 214 to show a credit of 6 months foreign service time.  Correction to Item 12f does not require any adjustment to the other blocks in Item 12 (Statement of Service).  The applicant is further entitled to correction to Item 18 of his DD Form 214 to show “SERVICE IN ALBANIA AND KOSOVO FROM 19990401 – 19990930" for his service in Albania and Kosovo, since he served in Kosovo during his deployment to Albania.

2.  The evidence of records confirms the applicant was deployed to Albania and Kosovo in support of both Task Force Hawk and Task Force Falcon.  Therefore, he is entitled to award of the Kosovo Campaign Medal and correction of his DD Form 214 to show this award.

3.  The evidence of record and the applicant failed to show he was entitled to or awarded the Combat Infantryman Badge.  To be entitled to award of the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry MOS or special forces primary duty while the unit engaged in active ground combat.  The applicant alleges his unit engaged in numerous missions and reactions to contact and they came under fire and returned enemy fire; however, he has provided insufficient evidence to support his allegation.  The DD Form 638 prepared after his deployment and service in Albania and Kosovo does not mention engagement with the enemy.

4.  In accordance with Army Regulation 600-8-22, during the period the applicant was deployed to Albania and Kosovo from approximately 1 April to 30 September 1999, the deployment was not considered a qualifying period for award of the Combat Infantryman Badge for wars, conflicts, and operations, which regrettably makes him ineligible for award of the Combat Infantryman Badge.

5.  In view of the foregoing, the applicant’s records should be corrected as indicated below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 the entry "0000 00 00";
   
   b.  adding to item 12f of the applicant's DD Form 214 the entry "0000 06 00";
   
   c.  adding to item 13 of his DD Form 214 the Kosovo Campaign Medal;
   
   d.  adding to item 18 of the applicant's DD Form 214 the entry "SERVICE IN ALBANIA AND KOSOVO FROM 19990401 - 19990930”; and
   
   e.  providing the applicant a corrected separation document that includes these corrections.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Combat Infantryman Badge and its addition to 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)                                         AR20080016634



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