IN THE CASE OF:	  

		BOARD DATE:	  3 June 2010

		DOCKET NUMBER:  AR20090018846 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all awards.

2.  The applicant states his DD Form 214 needs to be updated to show all of his achievements.

3.  The applicant provides the following documents:

	a.  a DA Form 638 (Recommendation for Award), dated 21 May 2001, recommending him for award of the Army Commendation Medal (ARCOM)
for the period 14 April 1999 to 29 September 2001;

	b.  a DA Form 638, dated 15 December 2000, awarding him the Army Achievement Medal (AAM) (1st oak leaf cluster) for the period 18 July 2000 to
20 January 2001, by 2nd Battalion 505th Parachute Infantry Regiment, Permanent Order Number 017-033, dated 8 January 2001;

	c.  a DA Form 638, dated 14 October 1999, recommending him for award of the AAM for the period 18 May to 15 September 1999;

	d.  Orders 094-1298, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA. dated 4 April 1999, showing entitlement to hazardous duty pay for parachute duty;

	e.  a DA Certificate of Training, dated 18 May 2002, showing completion of the Combat Lifesaver Course (30 hours);

	f.  a unit certificate showing Operation Allied Force Task Force Two Panther participation from 17 April 1999 to 25 September 1999; and

	g.  a Multinational Force and Observers Certificate of Participation showing participation in Rotation 39 in Sinai, Egypt from July 2000 to January 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 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 enlisted in the Regular Army on 30 September 1998.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Infantryman).  The highest rank/grade he attained was specialist (SPC)/E-4.

3.  The applicant’s official military personnel file (OMPF) on the interactive Personnel Electronic Records Management System (iPERMS) shows the following award orders:

	a.  Permanent Orders 253-71, issued by the 82nd Soldier Support Battalion (Airborne), Fort Bragg, NC, dated 10 September 2001, awarding him the Army Good Conduct Medal (AGCM) (1st award) for the period 30 September 1998 to 29 September 2001; and

	b.  Permanent Orders 200-1, issued by Headquarters, 3rd Brigade, 82nd Airborne Division, Fort Bragg, dated 19 July 2001, awarding him the ARCOM for meritorious service from 14 April 1999 to 29 September 2001.


4.  The applicant was honorably released from active duty on 15 August 2001 to attend school and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his military service obligation.  He was issued a DD Form 214 that confirms he completed 2 years, 10 months, and      16 days of total active service.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows award of the

* Army Lapel Button
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge

6.  The applicant provided a copy of Permanent Orders 017-033 awarding him the AAM with 1st oak leaf cluster for meritorious service from 18 July 2000 to
20 January 2001.

7.  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, participated in or served in direct support of Operation Allied Force (24 March 1999 through 10 June 1999); Operation Joint Guardian (11 June 1999 through a date to be determined); Operation Allied Harbor (4 April 1999 through 1 September 1999); Operations 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), or Hunter within the Kosovo Air Campaign or Kosovo Defense Campaign areas of eligibility (AOE).  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 AOE or for 60 nonconsecutive days provided this support involves entering the operations AOE or meet one or more of several criteria, including:  (a) be engaged in actual combat, or duty that is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the AOE; and (b) while participating in the operation, regardless of time, is wounded or injured and requires medical evacuation from the AOE.  One bronze service star will be worn for participation in each campaign (Kosovo Air Campaign and Kosovo Defense Campaign).  Qualification for a second bronze service star requires meeting the criteria for both campaigns.  The 30 consecutive or 
60 nonconsecutive days that begin during the Air Campaign (began on 24 March 1999 and ended on 10 June 1999) and continues into the Defense Campaign (began on 11 June 1999 to a date to be determined) entitles a member to only one bronze service star.
DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the ARCOM, AAM (1st oak leaf cluster), and the AGCM (1st award).  Therefore, he is entitled to have his
DD Form 214 corrected to show these awards.

2.  The applicant provided evidence showing he participated in Operation Allied Force from 17 April 1999 to 25 September 1999, which is a qualifying period of service for the Kosovo Campaign Medal.  Based on his service in Operation Allied Force he is entitled to one bronze service star.  Therefore, he is entitled to correction of DD Form 214 to show the Kosovo Campaign Medal with one bronze service star.

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 amending his DD Form 214 to add award of the ARCOM, AAM with 1st oak leaf cluster, AGCM (1st award), and the Kosovo Campaign Medal with one bronze service star.



      ____________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)                                         AR20090018846



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ABCMR Record of Proceedings (cont)                                         AR20090018846



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