IN THE CASE OF:	  

		BOARD DATE:	  22 April 2010

		DOCKET NUMBER:  AR20090017952 


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) for the period ending on 30 January 2004 to show his service in Kosovo and Iraq and all awards and decorations associated with this service.  He also requests his DD Form 214 show he participated in the MGIB.

2.  The applicant states he was deployed to Kosovo and Iraq with A Company, 1st Battalion, 30th Infantry.  However, his DD Form 214 does not list such service.  Additionally, his DD Form 214 shows he did not participate in the MGIB when he did.   

3.  The applicant provides a copy of his DD Form 214, dated 30 January 2004; a copy of a memorandum, dated 25 March 2002, authorizing him the NATO and Kosovo Campaign Medals, 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 applicant's records show he enlisted in the Regular Army (RA) for a period of 3 years on 31 January 2001 and held military occupational specialty 11B (Infantryman).  He was honorably released from active duty on 30 January 2004 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.

3.  His DD Form 214 for the period ending 30 January 2004 shows the following entries:

	a.  Item 12f (Foreign Service) the entry "0000  00  00"; 

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Army Lapel Button, and Army Service Ribbon.  

	c.  Item 15a (Member Contributed to Post-Vietnam Veterans Educational Assistance Program (VEAP)) the entry "No." 

	d.  Item 18 (Remarks) does not show service in a designated imminent danger pay/hostile fire pay (IDP/HFP) area.

4.  Headquarters, 3rd Brigade, 3rd Infantry Division (Mechanized), Permanent Order 123-1, dated 3 May 2003, awarded him the Combat Infantryman Badge for ground combat against enemy ground forces from 20 March 2003 to 14 April 2003. 

5.  An email from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, dated 25 March 2010, confirms he received HFP/IDP for service in Macedonia from 29 October 2001 to 7 May 2002 and service in Kuwait/Iraq from 8 January 2003 to 19 July 2003. 

6.  He submitted a copy of a memorandum, issued by Headquarters, Task Force 1-30th Infantry, Camp Monteith, Kosovo, which shows he deployed to Kosovo from 25 October 2001 to 8 May 2002 and is authorized to wear the NATO Medal and the Kosovo Campaign Medal.



7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 of this regulation states, in pertinent part, that if a Soldier contributed to VEAP and did not get money back, mark "YES"; for those who enlisted before 1984, contributed to VEAP, and received their money back, mark "NO"; and for any Soldier who enlisted after 1985, mark "NO." Furthermore, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.

8.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  Army Regulation 600-8-22 (Military Awards) 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 (AOE) on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty on or after 11 September 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 .  

	b.  The Global War on Terrorism Expeditionary Medal was established by Executive Order 13289, 12 March 2003.  It 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 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.  Because counter-terrorism operations are global in nature, the AOE for an approved operation may be deemed to be non-contiguous.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of several other criteria.

	c.  The Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of Kosovo Operation(s): Allied Forge (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.  The area of eligibility for the Defense Campaign includes the total land area and air space of Serbia (including Kosovo), Montenegro, Albania, Macedonia, and the waters and air space of the Adriatic Seas within 12 nautical miles of the Montenegro, Albania, and Croatia coastlines south of 42 degrees and 52 minutes North latitude.  Service members must be 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 involves entering the operations area of eligibility or meet other established criteria.  One bronze service star is authorized with the Kosovo Campaign Medal for participation in each campaign.  The Kosovo Air Campaign began on 24 March 1999 and ended on 10 June 1999 and the Kosovo Defense Campaign began on 11 June 1999 and ends on a date to be determined.  

	d.  The NATO Medal is awarded by the Secretary-General of the North Atlantic Treaty Organization (NATO) to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations.  Acceptance of the NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of specific NATO operations.  The following missions/operations have been approved by the Secretary of Defense, for acceptance and wear (a) Operations related to the former Republic of Yugoslavia (14 November 1995 to a date to be determined); (b) Operations related to Kosovo (13 October 1998 to a date to be determined); (c) Operation Eagle Assist (12 October 2001 to 16 May 2002); (d) Operation Active Endeavor (26 October 2001 to a date to be determined); (e) International Security Assistance Force in Afghanistan (1 June 2003 to a date to be determined); and (f) Operations in the Balkans (1 January 2003 to a date to be determined).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in Kosovo and Iraq and associated awards, and that he contributed to the MGIB. 

2.  With respect to his service in Kosovo, he provided a memorandum that shows he served in Kosovo from 25 October 2001 to 8 May 2002.  His pay records at DFAS show he received HFP/IDP for service in Macedonia from 29 October 2001 to 7 May 2002.  The dates of service shown on the memorandum are consistent with his pay records.  Therefore, he is entitled to correction of his DD Form 214 to show he completed 6 months and 14 days of foreign service in Macedonia/Kosovo from 25 October 2001 to 8 May 2002.

3.  His service in Macedonia/Kosovo from 25 October 2001 to 8 May 2002 also entitles him to award of the NATO Medal and Kosovo Campaign Medal.  Additionally, his participation in the Kosovo Defense Campaign also entitles him to a bronze service star to be affixed to the Kosovo Campaign Medal. 

4.  With respect to his service in Iraq, his pay records at DFAS show he received HFP/IDP for service in Kuwait/Iraq from 8 January 2003 to 19 July 2003.  Therefore, he is entitled to correction of his DD Form 214 to show he completed 6 months and 12 days of foreign service in Kuwait/Iraq.

5.  He served in Kuwait from 8 January 2003 to 19 March 2003 (the start of Operation Iraqi Freedom).  Therefore, he served a qualifying period for award of the Global War on Terrorism Expeditionary Medal.  He also meets the eligibility criteria for award of the Global War on Terrorism Service Medal.  Therefore, he is entitled to correction of his records to show these awards. 

6.  Permanent orders awarded him the Combat Infantryman Badge which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

7.  With respect to his contribution to the MGIB, there is no entry on the DD Form 214 that pertains to the MGIB.  He is referring to the VEAP entry.  But, since he enlisted in the RA after 1985, the entry regarding contribution to the VEAP is correctly marked on his DD Form 214 as a "No." 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 12f of his DD Form 214 the entry "0000  00  00" and adding the entry "0001  00  26";

	b.  adding to item 13 of his DD Form 214 the Combat Infantryman Badge, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, NATO Medal, and Kosovo Campaign Medal with one bronze service star; and

	c.  adding to item 18 of his DD Form 214 the entries "SERVICE IN KUWAIT/IRAQ 20030108 - 20030719" and "SERVICE IN MACEDONIA/KOSOVO 20011025 - 20020508." 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to contributions to MGIB. 



      _______ _  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)                                         AR20090017952



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ABCMR Record of Proceedings (cont)                                         AR20090017952



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