BOARD DATE:	  5 August 2010

		DOCKET NUMBER:  AR20100007376 


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 his service in Kosovo.  He also requests that his DD Form 214 be corrected to show award of the North Atlantic Treaty Organization (NATO) Medal and Kosovo Campaign Medal. 

2.  The applicant states he served in Kosovo with the 1st Military Police Company in support of Operation Joint Guardian from 25 October to 18 July 2002 (9 months).  However, his DD Form 214 does not list his foreign service or related awards.  His DD Form 214 has been filed away with his household goods because he had no reason to look at it until he applied for government jobs.  

3.  The applicant provides the following documents:

* A copy of his DD Form 214, dated 15 July 2003
* Two certificates of achievement
* A certificate showing award of the NATO Medal

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 on 9 October 2001 and was awarded military occupational specialty 31B (Military Police).  He served in Germany from on or about 29 March 2002 to 14 July 2004.  He was honorably discharged on 15 July 2004 in the rank/grade of private first class/E-3.

3.  The DD Form 214 he was issued shows he completed 2 years, 9 months, and 7 days of creditable active service.  This form also shows the following entries:

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Army Service Ribbon, Army Lapel Button, and Global War on Terrorism Service Medal.

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

4.  He submitted the following documents:

	a.  A certificate of achievement for meritorious service while deployed in support of Operation Joint Guard from 25 October 2002 to 18 July 2003 with the 1st Military Police Company, 793rd Military Police Battalion. 

	b.  A certificate of achievement for outstanding duty performance during a cordon and search operation conducted on 28 February 2003 in Koprivinica, Kosovo, during Operation Joint Guardian.

	c.  A certificate awarding him the NATO Medal for service with NATO on operations in relation to Kosovo from 24 October 2002 to 17 July 2003.

5.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  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.  Chapter 2 of this regulation states that 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.

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

	a.  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), among them Operation Joint Guardian from 11 June 1999 through a date to be determined.  The area of eligibility for the Defense Campaign includes the total land area and air space of Serbia (including Kosovo), Montenegro, Albania, Macedonia, and selected waters and air space.  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 Defense Campaign began on 11 June 1999 and ends on a date to be determined.  

	b.  The NATO Medal is awarded by the Secretary-General of 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.  One of the missions/operations that have been approved by the Secretary of Defense, for acceptance and wear includes operations related to Kosovo from 13 October 1998 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his service in Kosovo and awards of the NATO Medal and Kosovo Campaign Medal. 

2.  With respect to his service in Kosovo, he provided two certificates that show he served in Kosovo in support of Operation Joint Guardian from 25 October 2002 to 18 July 2003.  Therefore, he is entitled to correction of his DD Form 214 to show this period of foreign service.

3.  His service in Kosovo from 25 October 2002 to 18 July 2003 entitles him to award of the Kosovo Campaign Medal.  Additionally, his participation in the Kosovo Defense Campaign entitles him to a bronze service star to be affixed to the Kosovo Campaign Medal and correction of his records to show these awards. 

4.  He submitted a certificate showing award of the NATO Medal which is not listed on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 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:

	a.  adding to item 13 of his DD Form 214 the NATO Medal and Kosovo Campaign Medal with one bronze service star; and

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KOSOVO 20021025 - 20030718." 



      _______ _ 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)                                         AR20100007376



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)