IN THE CASE OF:	  

		BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100008648 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Army Good Conduct Medal (AGCM), Army Achievement Medal (AAM), Kosovo Campaign Medal, and the North Atlantic Treaty Organization (NATO) Medal.  He also requests that his DD Form 214 be corrected to show his deployment to Kosovo.

2.  The applicant states, in effect, he has requested on several occasions since 2001 that his records be corrected.  It is now 2010 and the corrections have not been made.  He believes the errors pertaining to his awards occurred while he was processing out of the Army due to having served in several different units prior to his discharge.

3.  The applicant provides the following:

* An AGCM certificate and Permanent Order Number 323-00030, Headquarters, 2nd Battalion, 81st Armor, dated 19 November 2002
* An AAM certificate – Permanent Orders Number 300-5, Headquarters, 1st Battalion, 37th Armor, dated 26 October 2000
* A Joint Guardian, KFOR2A certificate, dated 30 September 2000
* His Certificate of Marriage Registration
* Enlistment Certificate and Oath of Enlistment Certificate
* His DD Form 214



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 U.S. Army Reserve under the Delayed Entry Program (DEP) on 19 August 1999 for a period 8 years.  He was released from the DEP on 9 September 1999 and enlisted in the Regular Army on 10 September 1999 for a period 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 19K (M1 Armor Crewman).

3.  His records show he served with Headquarters and Headquarters Company, 1st Battalion, 37th Armor while deployed in support of Task Force Falcon, KFOR 2A (Kosovo).   

4.  A copy of an electronic mail (email) transmission between the ABCMR and the Defense Finance and Accounting Service (DFAS), dated 21 September 2010, shows the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) during the period 5 June through 14 December 2000 for service in Macedonia (Kosovo).

5.  Permanent Order Number 323-00030, Headquarters, 2nd Battalion, 81st Armor, dated 19 November 2002, shows the applicant received the AGCM 
(1st Award), for exemplary behavior, efficiency and fidelity in the Active Federal Military Service, for the period 10 September 1999 through 
9 September 2002.

6.  Permanent Order Number 300-5, Headquarters, 1st Battalion, 37th Armor, dated 26 October 2000, shows he was awarded the AAM for meritorious achievement while deployed to Camp Monteith, Kosovo during the period 5 June 2000 through 14 December 2000.

7.  A corrected copy of his DD Form 214 shows he was honorably discharged on 19 December 2002.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Service Ribbon, the Overseas Service Ribbon, and the Marksman Marksmanship Qualification Badge with Grenade and Pistol Bars.  Item 18 (Remarks) of this form does not contain any entries showing he had foreign service.

8.  In support of his claim for the Kosovo Campaign Medal, the applicant provided a certificate of appreciation for outstanding service and dedication to the peacekeeping mission in Kosovo. 

9.  A review of the applicant's personnel records indicate he is entitled to additional awards that are not shown on his DD Form 214.

10.  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, meet the following criteria:

      (a)  participated in or served in direct support of Kosovo Operations(s): Allied Force; Operation Joint Guardian; Operation Allied Harbour; Operation Sustain Hope/Shining Hope; Operation Noble Anvil; or Kosovo Task Forces Hawk, Saber, Falcon, or Hunter within the Kosovo Air Campaign and/or the Kosovo Defense Campaign areas of eligibility; and
      
      (b)  were bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of eligibility or for   60 nonconsecutive days provided this support involved entering the operations’ area of eligibility or met certain other specified criteria.  

11.  MILPER Message Number 00-202 approved the acceptance and wear of the NATO Medal for operations related to Kosovo from 13 October 1998 to a date to be determined for 30 days (continuous or accumulated) in the Federal Republic of Yugoslavia (FRY).  FRY is Serbia, Montenegro, Croatia, Bosnia-Herzegovina, and Slovenia; Albania, Macedonia, and the Adriatic and Ionian Seas; or 90 days (continuous or accumulated) in direct support of NATO operations within the territories of Italy, Greece, and Hungary.  The NATO Secretary-General offered a second NATO Medal for Kosovo; however, only one NATO Medal is authorized for wear by U.S. military personnel.  Service members who were awarded the NATO Medal for operations relating to the Republic of Yugoslavia and the NATO Medal for operations relating to Kosovo will wear a bronze service star on the NATO Medal.

12.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) 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 GWOTSM.  

13.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

14.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

15.  Paragraph 2-4 of Army Regulation 635-5 also indicates that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following statement will be entered in item 18 of the DD Form 214:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Army AGCM, AAM, Kosovo Campaign Medal, and the NATO Medal and his contention that his DD Form 214 should show he served in Kosovo was carefully considered and is supported by the evidence provided.

2.  Permanent Orders show the applicant was awarded the AGCM and the AAM.  He is therefore entitled to have these individual awards added to his DD Form 214.

3.  Evidence of record shows the applicant was deployed to Kosovo in direct support of Operation Joint Guardian.  An email transmission between DFAS and the ABCMR staff confirmed the applicant received HFP/IDP and CTZE while serving in Macedonia during the period 5 June through 14 December 2000.  He is therefore entitled to the following corrections to his DD Form 214:
* Item 13 to add award of the Kosovo Campaign Medal and the NATO Medal with one bronze service star
* Item 18 to show "SERVICE IN KOSOVO FROM 20000605-20001214"

4.  The evidence of record shows that the applicant served on active duty for more than 30 consecutive days subsequent to 11 September 2001.  Therefore, he is entitled to award of the GWOTSM and correction of his records to show this service medal.

5.  The applicant served during a period for which the National Defense Service Medal was awarded for honorable service.  He served from 11 September 2001 until he was discharged on 19 December 2002.  He is entitled to have the National Defense Service Medal added to his DD Form 214. 

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 the following awards to item 13 of his DD Form 214 for the period ending 19 December 2002:

* AAM
* AGCM (1st Award) 
* Kosovo Campaign Medal
* NATO Medal with one bronze service star
* GWOTSM 
* National Defense Service Medal, and 



	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KOSOVO FROM 20000605-20001214." 




      __________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)                                         AR20100008648



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ABCMR Record of Proceedings (cont)                                         AR20100008648



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