BOARD DATE: 14 October 2009
DOCKET NUMBER: AR20090008974
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) to show award of the Kosovo Campaign Medal.
2. The applicant states, in effect, that authorized awards for his service in Kosovo do not appear in the awards section on his DD Form 214. He contends that at the time he was out processing the clerk was either unaware of the awards that he was authorized or the awards had not yet been authorized so the clerk indicated his service in Kosovo (Operation Joint Guardian) in the remarks section.
3. The applicant provides a copy of his DD Form 214 in support of his application.
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 on 21 November 1996, served as a light wheel vehicle mechanic, and was released from active duty on
20 November 1999.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on the applicant's DD Form 214 shows the Army Achievement Medal, the Good Conduct Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Marksman Marksmanship Qualification Badge with Rifle Bar. Item 18 (Remarks) on the applicant's DD Form 214 shows the entry "SERVICE IN KOSOVO FROM 19990704 TO 19990921."
4. MILPER Message Number 00-180 approved establishment of the Kosovo Campaign Medal for service in support of Operations Allied Force, Joint Guardian, Allied Harbor, Sustain Hope/Shining, Noble Anvil, or service with Task Force Hawk, Task Force Saber, or Task Force Hunter during the Kosovo Air Campaign or the Kosovo Defense Campaign. The Kosovo Air Campaign began on 24 March 1999 and ended on 10 June 1999. The Kosovo Defense Campaign began on 11 June 1999 and will end on a date to be determined. To be eligible for award of the Kosovo Campaign Medal an individual must be in a unit participating in or directly supporting the operation for 30 consecutive days or 60 nonconsecutive and/or meet other established criteria. A bronze service star will be worn on this ribbon to denote participation in each authorized campaign.
DISCUSSION AND CONCLUSIONS:
Based on his service in Kosovo in support of Operation Joint Guardian during the Kosovo Defense Campaign, the applicant is eligible for the Kosovo Campaign Medal with one bronze service star. Therefore, his DD Form 214 should be corrected to show this medal.
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 adding the Kosovo Campaign Medal with one bronze service star on 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) AR20090008974
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090008974
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100023596
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Kosovo Campaign Medal. The evidence of record clearly shows the applicant was deployed in support of operations in Kosovo from 15 August 1999 through 9 March 2000. Therefore, his DD Form 214 should be corrected to show award of the Kosovo Campaign Medal with one bronze service star.
ARMY | BCMR | CY2002 | 2002075351C070403
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Kosovo Campaign Medal in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) for his support in Operation Joint Guardian in Kosovo. The applicant’s military records show that he initially served in the Army National Guard from March 1971 to September 1986. Evidence of record shows the applicant served on active...
ARMY | BCMR | CY2006 | 20060002470C070205
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Achievement Medal and the Kosovo Campaign Medal. Service members who were awarded the NATO Medal for operations relating to the Republic of Yugoslavia and the NATO Medal for operations relating to Kosovo will wear a bronze service star on the NATO Medal. Therefore, the applicant is entitled to award of the Kosovo Campaign Medal and the NATO Medal.
ARMY | BCMR | CY2009 | 20090018075
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2002079535 on 17 April 2003. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows: a. item 13 - add the...
ARMY | BCMR | CY2013 | 20130004116
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Kosovo Campaign Medal. The applicant's contention that his DD Form 214 should be corrected to show the Kosovo Campaign Medal as a result of his service in Kosovo was carefully considered and is supported by the evidence provided. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to...
ARMY | BCMR | CY2008 | 20080005849
It does not show award of the Army Good Conduct Medal or other awards for service in Kosovo. The evidence of record clearly shows the applicant served a qualifying period of time for an initial award of the Army Good Conduct Medal during the period 24 September 1996 to 23 September 1999. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal for the period from 24 September 1996 to...
ARMY | BCMR | CY2002 | 2002079510C070215
The applicant's DD Form 214 does not show his dates of service in Kosovo. There is no evidence in the available records which shows the applicant's inclusive dates of service in Kosovo. The Board noted the applicant’s request to show his dates of service in Kosovo on his DD Form 214.
ARMY | BCMR | CY2004 | 2004100164C070208
The undated NATO award certificate indicates that the applicant was awarded the NATO Service Medal for operations in Kosovo for the period from 28 June 1999 through 12 December 1999. The evidence of record shows that the applicant participated in operations in Kosovo and is authorized the NATO Service Medal, the Armed Forces Service Medal, and the Kosovo Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2003 | 2003086063C070212
There is also no evidence in the available records which shows the applicant participated in an authorized military operation which was recognized with award of the Armed Forces Expeditionary Medal. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he participated in an authorized military operation which was recognized with award of the Armed Forces Expeditionary Medal. That so much of the application as pertains to award...
ARMY | BCMR | CY2009 | 20090008618
The applicant provides an Operation Allied Force Certificate; a memorandum for award of the Kosovo Campaign Medal; temporary change of station orders assigning the applicant's unit to the MFO mission in the Sinai, Egypt; an authorization to wear the MFO Medal; an MFO Certificate of Participation; a Total Army Personnel Command (TAPC) military personnel (MILPER) message pertaining to the NATO Medal; and a copy of his DD Form 214 in support of his application. He further provided a...