IN THE CASE OF:	

		BOARD DATE:	  20 May 2010

		DOCKET NUMBER:  AR20090017663 


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 award of the Kosovo Campaign Medal and the Global War on Terrorism Expeditionary Medal.

2.  The applicant states he was in:

* Kosovo during Task Force Hawk and he was not awarded the Kosovo Campaign Medal
* Iraq and Jordan during Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom from 17 February 2003 through 1 February 2004 and he has not been awarded the Global War on Terrorism Expeditionary Medal

3.  The applicant provides copies of:

* His DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 January 2000
* His DD Form 214 for the period ending 20 March 2004
* The descriptions and criteria for award of the Kosovo Campaign Medal and the Global War on Terrorism Expeditionary Medal
* A letter from the National Personnel Records Center, dated 24 June 2009
* U.S. Army Human Resources Command, St. Louis, MO Orders
D-07-424471, dated 6 July 2004
* His DD Form 4 series (Enlistment/Reenlistment Document - Armed Forces of the United States) showing enlistment in the U.S. Army Reserve (USAR, dated 26 June 1996
* His DD Form 4 series showing enlistment in the Army National Guard of the United States, dated 1 November 1999
* His DA Form 2-1 (Personnel Qualification Record)

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3ÿyears 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.  On 26 June 1996, the applicant enlisted in the USAR Delayed Entry Program (DEP) for a period of 8 years.  On 2 October 1996, he was discharged from the USAR DEP and on 3 October 1996, he enlisted in the Regular Army for 3 years and 17 weeks.  He completed his training in military occupational specialty 11B (infantryman).  He was honorably released from active duty (REFRAD) on 29ÿJanuary 2000, upon completion of his required active service.  He was transferred to the Installation Support Unit to complete his Reserve obligation.

3.  Permanent Orders 334-4, published by the 82d Soldier Support Battalion (Airborne), 82d Airborne Division, Fort Bragg, NC, dated 30 November 1999, awarded him the Army Good Conduct Medal for exemplary behavior, efficiency, and fidelity for the period 3 October 1996 to 2 October 1999.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 29 January 2000 shows the following awards:

* Army Lapel Button
* Army Commendation Medal
* Army Achievement Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* 
Parachutist Badge
* Driver and Mechanic Badge with Driver-W Bar

5.  The applicant's DD Form 214 also shows he had 5 months and 1 day of foreign service, but his DD Form 214 does not show the country in which he served.

6.  On 1 November 1999, the applicant enlisted in the Florida Army National Guard (FLARNG) for 4 years.  He was ordered to active duty in support of Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom, effective
2 January 2003.

7.  After completing 1 year, 2 months, and 19 days of net active service this period, the applicant was REFRAD upon completion of his required active service.

8.  Item 13 of his DD Form 214 for this period of service includes the following awards:

* Army Commendation Medal
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Overseas Service Bar
* Army Lapel Button
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar
* Combat Infantryman Badge
* Parachutist Badge

9.  The applicant's DD Form 214 also shows he had 11 months and 15 days of foreign service and that he served in support of Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom in Iraq and Jordan from 17 February 2003 through 1 February 2004.

10.  Information obtained from the Defense Finance and Accounting Service (DFAS) verified that per the applicant's Master Military Pay Account (MMPA), he received hostile fire/imminent danger pay (HF/IDP) and Combat Zone Tax Exemption (CZTE) for service in Albania from 23 April 1999 through 25ÿSeptember 1999.  DFAS also verified that he receive HF/IDP and CZTE for service in Kuwait from 17 February 2003 through 9 February 2004.

11.  Army Regulation 600-8-22 (Military Awards) states award of the Kosovo Campaign Medal is based on proof of service in support of specific operations beginning in March 1999 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 30ÿconsecutive days or 60 nonconsecutive and/or meet other established criteria or directly supporting one of the following operations within the Kosovo Air Campaign or the Kosovo Defense Campaign:

* 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 1ÿSeptember 1999)
* Operation Sustain Hope/Shining Hope (4 April 1999 through 10 July 1999)
* Operation Noble Anvil (24 March 1999 through 20 July 1999)
* Kosovo Task Force Hawk (5 April 1999 through 24 June 1999)
* Kosovo Task Force Saber (31ÿMarch 1999 through 8 July 1999)
* Kosovo Task Force Falcon (11 June 1999 through a date to be determined), coinciding with Joint Guardian
* Kosovo Task Force Hunter within areas of operation for the Kosovo Air Campaign (24 March 1999 through 10 June 1999) and/or the Kosovo Defense Campaign (11ÿJune 1999 through a date to be determined)

12.  For the Kosovo Defense Campaign, the area of eligibility encompasses the total land area and air space of:

* Serbia (including Kosovo)
* Montenegro
* Albania
* Macedonia
* Waters and air space of the Adriatic seas within 12 nautical miles of
   ?Montenegro
   ?Albania
   ?Croatia coastlines south of 42 degrees and 52 minutes north latitude

13.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility, on or after 11ÿSeptember 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized, or National Guard Soldiers activated on or after 11ÿSeptember 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal. 

14.  Army Regulation 600-8-22 also states the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined. The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60ÿnonconsecutive days in the AOE, or meet one of several other criteria.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show that he qualifies for the Kosovo Campaign Medal, Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal.  His DD Form 214 for the period ending 20 March 2004 should be corrected to include these awards.

2.  His DD Form 214 for the period ending 20 March 2004 should also be corrected to show he was awarded the Army Achievement Medal, Army Good Conduct Medal (1st award), and the Driver and Mechanic Badge with Driver-W Bar.

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 to item 13 of his DD Form 214 for the period ending 20 March 2004 the following awards:

* Army Achievement Medal
* Army Good Conduct Medal (1st award)
* Kosovo Campaign Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Driver and Mechanic Badge with Driver-W Bar




      _______ _ 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)                                         AR20090017663



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ABCMR Record of Proceedings (cont)                                         AR20090017663



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