IN THE CASE OF:
BOARD DATE: 28 May 2009
DOCKET NUMBER: AR20090002843
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 30 April 2002 to show award of the Kosovo Campaign Medal and his Kosovo service.
2. The applicant states that he served with A Company, 141st Signal Battalion, 1st Armored Division in support of Task Force Falcon from December 2000 to May 2001.
3. The applicant provides his DD Form 214; a Task Force SIGNAL Certificate of Achievement, dated 21 May 2001; and a Kosovo Force (KFOR) Identification Card, with the expiration date of July 2001.
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 enlisted in the Regular Army (RA) on 10 November 1993.
3. The applicant arrived in the Federal Republic of Germany (FRG) and was assigned to A Company, 141st Signal Battalion on or about 18 March 1999.
4. The applicant provided a Task Force SIGNAL Certificate of Achievement, dated 21 May 2001, for outstanding performance in support of Task Force Falcon's signal component in Kosovo.
5. The applicant provided a KFOR Identification Card, with the expiration date of July 2001.
6. On or about 28 August 2001, the applicant departed the FRG after completing 2 years, 5 months, and 7 days of foreign service.
7. The applicant was honorably released from active duty on 30 April 2002. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 with the period ending 30 April 2002 does not show award of the Kosovo Campaign Medal.
8. On 21 March 2009, the Defense Finance and Accounting Service (DFAS) confirmed the applicant served in Macedonia from 1 December 2000 through
31 "August" 2001.
9. Army Regulation 600-8-22 (Military Awards) states the Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, meet the following criteria:
(1) participated in or served in direct support of Kosovo Operation(s):
Allied Force; Operation Joint Guardian; Operation Allied Harbour; Operation Sustain Hope/Shinning Hope; Operation Noble Anvil; or Kosovo Task Forces Hawk, Saber, Falcon, or Hunter within the Kosovo Air Campaign or Kosovo Defense Campaign areas of eligibility; and
(2) were bona fide members of a unit participating in or be engaged in direct support of the operation for 30 consecutive days in the area of eligibility or for
60 nonconsecutive days provided this support involved entering the operation's area of eligibility or met certain other criteria.
10. Army Regulation 635-5 states, in item 18, for active duty Soldiers deployed with their unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
The applicant's Certificate of Achievement shows that he served in support of Task Force Falcon and his expired KFOR Identification Card that shows he was deployed to Kosovo, along with his statement that he served in Kosovo from December 2000 to May 2001, are accepted as sufficient evidence to show he is eligible for award of the Kosovo Campaign Medal. Therefore, his DD Form 214 should be amended to read in item 13 to add the Kosovo Campaign Medal and in Item 18 to add "SERVICE IN KOSOVO (TASK FORCE FALCON) FROM 20001201 TO 20010531."
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:
a. by amending his DD Form 214 in item 13 to add the Kosovo Campaign Medal; and
b. by amending his DD Form 214 in item 18 to add " SERVICE IN KOSOVO (TASK FORCE FALCON) FROM 20001201 TO 20010531."
_________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.
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