IN THE CASE OF:
BOARD DATE: 13 January 2009
DOCKET NUMBER: AR20080017338
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, award of the Kosovo Campaign Medal.
2. The applicant states, in effect, that he was not issued the award prior to his release from active duty. However, he was reviewing his records on the Human Resources Command (HRC), St. Louis, Missouri, website portal and noticed the addition of the award. He further states that he is submitting a copy of his certificate for award of the Army Commendation Medal as support of his dates of service during Kosovo Force (KFOR).
3. In support of his application, the applicant provides copies of his certificate for award of the Army Commendation Medal, his DD Form 214 (Certificate of Release or Discharge from Active Duty), and a DA Form 1577 (Authorization for Issuance of 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 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 applicant's military records show he enlisted in the Army Delayed Entry/Enlistment Program on 29 January 1993 and enlisted in the Regular Army, in pay grade E-1, on 21 June 1993.
3. The applicant submits a copy of his certificate, dated 10 September 1999, showing award of the Army Commendation Medal while deployed in support of operations Allied Force and Joint Guardian from 17 April to 1 July 1999. He received the award for outstanding duty performance during the North Atlantic Treaty Organization air campaign and implementation of KFOR.
4. The Soldier Management System portal, HRC, St. Louis, contains a DA Form 1577, dated 6 March 2003, showing the applicant's entitlement to award of Kosovo Campaign Medal.
5. Army Regulation 600-8-22 (Military Awards) specifies that 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 Force(s) 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of records confirms the applicant was deployed in support of operations Allied Force and Joint Guardian and is entitled to award of the Kosovo Campaign Medal. Therefore, it would be appropriate to add this award to his separation document at this time.
2. In view of the foregoing, the applicants records should be corrected as recommended below.
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 showing his entitlement to the Kosovo Campaign Medal by adding this award to the list of awards contained on his DD Form 214 and by providing him a corrected separation document.
_______ _ _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) AR20080017338
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ABCMR Record of Proceedings (cont) AR20080017338
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