IN THE CASE OF:	  

		BOARD DATE:	  16 September 2010

		DOCKET NUMBER:  AR20100009879 


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 deployment in Albania and Kosovo.  He also requests award of the Combat Action Badge, if entitled.

2.  The applicant states in April 1999 he deployed to Albania in support of Task Force Hawk.  In June 1999, he was chosen with a few others to go to Kosovo in support of the Marine Expeditionary Force where he helped establish Camp Bondsteel.

3.  The applicant provides copies of his DD Form 214; deployment orders for Task Force Falcon and Task Force Hawk; Defense Finance and Accounting Service (DFAS) Form 702 (Military Leave and Earnings Statement) for April, June, and July 1999; DA Form 2-1 (Personnel Qualification Record - Part II), Enlisted Record Brief (ERB); Executive Orders 13119 and 13154; and a Kosovo Campaign Medal information sheet.

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 10 January 1989, the applicant enlisted in the Regular Army.  He completed his initial training and he was awarded military occupational specialty (MOS) 63S (Heavy Vehicle Driver).

3.  Orders 120-01 (Corrected Copy), issued by Detachment A, 55th Personnel Services Battalion, dated 30 April 1999, deployed the applicant in support of Task Force Hawk with a "will proceed" date of on or about 12 April 1999.

4.  Orders 292-02, issued by Detachment A, 55th Personnel Services Battalion, dated 19 October 1999, deployed the applicant in support of Task Force Falcon, with a "will proceed" date of on or about 13 June 1999.

5.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 shows that he served in the Federal Republic of Germany from 18 November 1997 to 
17 November 2000 and that during this period he was deployed to Albania from 
16 April to 4 July 1999.  Item 9 (Awards and Decorations) of this same form shows he was awarded the Kosovo Campaign Medal.

6.  DFAS records show the applicant received hostile fire pay (HFP) and hardship duty pay (HDP) for service in Albania from 20 April to 20 July 1999.

7.  The applicant was discharged on 20 July 2002.  He had attained the rank of sergeant, pay grade E-5, and had completed 13 years, 6 months, and 11 days of creditable active duty service.

8.  Item 18 (Remarks) of the applicant’s DD Form 214 does not contain an entry for his deployment to Albania/Kosovo.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It 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 block 18 (Remarks).

10.  Army Regulation 635-5 further states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

11.  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 Kosovo Task Forces Hawk (5 April 1999 through 24 June 1999).  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 (24 March - 10 June 1999)
* Kosovo Defense Campaign (11 June 1999 - to a date to be determined).

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 and continued into the Defense Campaign entitles a member to only one bronze service star.

12.  Army Regulation 600-8-22 states the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.

13.  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 Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his deployment in support of Task Force Falcon and Task Force Hawk in Albania and Kosovo.  He also requests award of the Combat Action Badge, if entitled.

2.  The evidence clearly shows that the applicant was deployed in support of Task Force Falcon and Task Force Hawk for the period 16 April to 4 July 1999.  Therefore, item 18 of his DD Form 214 should be corrected to reflect this service.

3.  Records show the applicant was awarded the Kosovo Campaign Medal.  Evidence also shows he met the criteria for one bronze service star for wear on this medal.  Therefore, item 13 of his DD Form 214 should be corrected to show the Kosovo Campaign Medal with one bronze service star.

4.  Records clearly show that the applicant received HFP for his service in Albania/Kosovo from 20 April to 20 July 1999.   This service was during a period prior to authorization of the Combat Action Badge.  However, award of the Combat Action Badge is authorized from 18 September 2001 with no provisions for retroactive awards prior to this date.  As such, he does not meet the qualifying period for this award; therefore, there is no basis for granting relief on this portion of his request.

5.  Records show the applicant serviced during a qualifying period for the Global War on Terrorism Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 Kosovo Campaign Medal with one bronze service star and the Global War on Terrorism Service Medal; and

	b.  adding in item 18 of his DD Form 214 the entry "SERVICE IN ALBANIA/KOSOVO FROM 19990416 - 19990704.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding his the Combat Action Badge and adding it to his DD Form 214.



      ___________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)                                         AR20100009879



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ABCMR Record of Proceedings (cont)                                         AR20100009879



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