IN THE CASE OF:	

		BOARD DATE:	  3 February 2009

		DOCKET NUMBER:  AR20080018051 


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, that the Kosovo Campaign Medal and the NATO Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
      
2.  The applicant states, in effect, he received these awards but they are not included on his DD Form 214.  He further states, in effect, he served in Kosovo for 6 months on KFOR (Kosovo Force) rotation 4A.

3.  The applicant submitted no additional documentary evidence in support of his request.

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 evidence shows that the applicant enlisted in the US Army Reserve Delayed Entry Program on 24 November 1997.  He entered active duty in the Regular Army on 20 August 1998.  The applicant successfully completed basic combat training at Fort Leonard Wood, Missouri, and was then assigned to language training at the Defense Language Institute, Presidio of Monterey, California, for the purpose of learning Russian.

3.  The applicant was honorably released from active duty on completion of required active service on 19 August 2003 in the rank and pay grade of Specialist, E-4.  On the date of his release from active duty, the applicant had completed 5 years net active service.

4.  Item 8.a (Last Duty Assignment and Major Command) of the applicant's DD Form 214 shows he was last assigned to D Company of the 101st Military Intelligence Battalion in Europe.

5.  Item 8.b. (Station Where Separated) of the applicant's DD Form 214 shows he was separated at the Transition Center, Kitzingen, Germany.

6.  Item 12.f. (Foreign Service) of the applicant's DD Form 214 shows he completed 2 years / 11 Months / 07 days foreign service.

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Army Lapel Button while he served on active duty.

8.  There is no entry in Item 18 (Remarks) of the applicant's DD Form 214 to show that he served in a designated imminent danger pay area or that he served specifically in Kosovo.

9.  The applicant’s Personnel Qualification Record – Part II and his records do not show he served in Kosovo during his period of service.  Item 5 (Overseas Service), of his Personnel Qualification Record, does not show he served overseas in Kosovo on either a permanent change of duty station or on a temporary duty basis.  His records also do not contain deployment orders to Kosovo.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The regulation also specifies that for an active duty Soldier deployed with his or her unit during their continuous period of active service an entry will be made in Item 18 of the Soldier's DD Form 214 as follows to document his or her foreign service:  SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD – YYYYMMDD).

11.  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 thirty consecutive days or sixty 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.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  

2.  The applicant’s contention that he served in Kosovo is acknowledged; however, there is no evidence in his active duty records and he has failed to provide compelling evidence to show he actually served in Kosovo and was awarded the Kosovo Campaign Medal and the NATO Medal.  Therefore, no basis has been established to add these awards to his DD Form 214.

3.  In view of the foregoing, there is no basis for granting the applicant's request.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   _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)                                         AR20080018051





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ABCMR Record of Proceedings (cont)                                         AR20080018051



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