IN THE CASE OF:
BOARD DATE: 31 August 2010
DOCKET NUMBER: AR20100008779
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Kosovo Campaign Medal.
2. The applicant states she was stationed in Kosovo during the time the Kosovo Campaign Medal was authorized.
3. The applicant provides a:
* DD Form 1610 (Request for Authorization for TDY (Temporary Duty) Travel of DoD Personnel)
* memorandum, subject: Redeployment of 66th Military Intelligence Battalion Personnel
* memorandum, subject: Notification of Departure, Request Letter of Release.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. After having had prior service, the applicant enlisted in the Regular Army on 13 March 1997 and reenlisted for 4 years on 27 June 2000. She was awarded the military occupational specialty of interrogator and was promoted to pay grade E-4.
3. She was honorably released from active duty on 14 December 2001 due to parenthood. She completed a total of 5 years, 1 month, and 14 days of active service.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows the Army Achievement Medal, Good Conduct Medal, National Defense Service Medal, NCO (noncommissioned officer) Professional Development Ribbon, and Army Service Ribbon.
5. Her military records contained in iPERMS show Permanent Order 346-3 awarded her the Army Commendation Medal for meritorious service during the period 19 January to 12 December 2001.
6. She provided a DD Form 1610 that shows she was scheduled to travel to Kosovo on or about 16 July 2001 for a period of approximately 60 days in support of Operation Joint Guardian.
7. A memorandum, subject: Redeployment of 66th Military Intelligence Battalion Personnel, dated 6 September 2001, requests redeployment of the unit to Germany due to completion of the mission. Paragraph 7 of this memorandum states she arrived at Camp Bondsteel on 17 July 2001 and would be departing on 11 September 2001.
8. 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 designated operations, including Operation Allied Force (24 March 1999 through 10 June 1999) area 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 operation's AOE or meet one or more of several other, specified criteria. 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 began during the Air Campaign (began on 24 March 1999 and ended on 10 June 1999) and continued 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. Evidence indicates the applicant served in Kosovo during a qualifying period of service authorizing the Kosovo Campaign Medal with one bronze service star. As such, she is entitled to correction of her DD Form 214 to show this award.
2. Permanent orders awarded her the Army Commendation Medal. Therefore, she is entitled have the Army Commendation Medal added to her DD Form 214.
3. In view of the foregoing, she is entitled to correction of her records as shown below.
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 the DD Form 214 of the individual concerned be corrected by adding the Kosovo Campaign Medal with one bronze service star and the Army Commendation Medal.
_______ _ __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) AR20100008779
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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