IN THE CASE OF:	

		BOARD DATE:	  27 May 2010

		DOCKET NUMBER:  AR20090018831 


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, North Atlantic Treaty Organization (NATO) Medal, and the Iraq Campaign Medal.  He also requests that the time he served in Iraq be shown on his DD Form 214.

2.  The applicant states he served in Kosovo from April to October 2003 and in Iraq from January 2004 to April 2005.  The applicant states the above awards and his service in Iraq are not shown on his DD Form 214.

3.  The applicant provides no additional documents 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 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 6 February 2001, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 63B (Light Wheel Vehicle Mechanic).

3.  The applicant's Enlisted Record Brief shows:

   a.  in Section I (Assignment Information) that he served overseas in Germany;

   b.  in Section VIII (Awards and Decorations) that he was awarded the Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, and Global War on Terrorism Service Medal; and

   c.  in Section IX (Assignment Information) that he served in duty MOS 63B with Headquarters and Headquarters Battery, 34th Battalion, 3rd Air Defense Artillery Brigade from 31 August 2001 to 10 February 2005.

4.  The Defense Finance and Accounting Service (DFAS) records indicate that the applicant received imminent danger pay for service in Kuwait from 
10 February 2004 to 10 February 2005.

5.  The applicant's DD Form 214 shows:

   a.  in Item 12b (Separation Date this Period): 31 May 2005;
   
   b.  in Item 12f (Foreign Service): 3 years and 9 months;
   
   c.  in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): Army Good Conduct Medal, National Defense Service Medal, Army Lapel Button, Global War on Terrorism Service Medal, Army Service Ribbon, and Overseas Service Ribbon; and
   
   d.  in Item 18 (Remarks): no entries concerning deployments.

6.   Army Regulation 600-8-22 (Military Awards) provides for award of the Kosovo Campaign Medal and the NATO Medal for Kosovo service 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 30 consecutive days or 60 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.

7.  Army Regulation 600-8-22 provides for award of the NATO Medal.  It was authorized by the Secretary General of the North Atlantic Treaty Organization for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by United States service members who meet the criteria specified by the Secretary General of NATO.  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 NATO operations in the former Republic of Yugoslavia from 1 July 1992 through a date to be determined.

8.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all land area of the country of Iraq, and the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Kosovo Campaign Medal, NATO Medal, and the Iraq Campaign Medal.  He also contends the time he served in Iraq should be shown on his 
DD Form 214.

2.  The applicant contends that he served in Kosovo from April to October 2003 and in Iraq from January 2004 until April 2005.  Unfortunately, the applicant's record does not show any of this service.  Furthermore, DFAS records do not show he received imminent danger pay for either Kosovo or Iraq.  However, he did receive imminent danger pay for service in Kuwait in 2004 and 2005.

3.  The available evidence is insufficient to make a determination of where and when the applicant served overseas.  Accordingly, his request should be denied.



4.  However, should the applicant have, or be able to obtain copies of records, travel orders, witness statements, or other documentary evidence that corroborates the locations and dates of his deployed service, he may submit another application for consideration.

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)                                         AR20090018831



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ABCMR Record of Proceedings (cont)                                         AR20090018831



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