IN THE CASE OF:	  

		BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100019596 


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 reflect his service in Albania and award of the Kosovo Campaign Medal, Army Achievement Medal (AAM), and the Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states he was transferred to Baumholder, Germany after completing his advanced individual training in military occupational specialty (MOS) 13R (field artillery firefinder radar operator) and he was subsequently deployed to Albania in support of Task Force Hawk.  He continues by stating that he was awarded the Kosovo Campaign Medal, AAM, and the AFEM; however, none of those awards were included on his DD Form 214.

3.  The applicant provides a self-authored statement.

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 record, though somewhat incomplete, shows he enlisted in the Regular Army on 23 February 1998 for a period of 4 years, training in MOS 13R, and a cash enlistment bonus.

3.  He completed his training and on 16 October 1998, he was transferred to Baumholder, Germany for assignment to D Battery, 1st Battalion, 94th Field Artillery Battalion.

4.  During the applicant's assignment in Germany, he deployed to Albania in support of Task Force Hawk.

5.  He departed Germany in September 2000 for assignment to Fort Lewis, WA.  His record shows he was awarded the AAM for meritorious service from
16 October 1998 to 12 September 2000 by Headquarters, 1st Battalion,
94th Field Artillery, Permanent Orders 249-01, dated 5 September 2000.

6.  On 10 December 2001, he was discharged.  He completed 3 years, 2 months, and 13 days of total active service.  His DD Form 214 shows in:

* item 11 (MOS) no MOS entry
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) only the award of the Army Service Ribbon
* item 18 (Remarks) no entry for deployed service; it does show the entry "//Separated from service on temporary records and Soldier's affidavit//
DD Form 215 will be issued to provide missing information//"

7.  During the processing of this case, a staff of the Board asked a representative of the Defense Finance and Accounting Service (DFAS) to verify if the applicant received hostile fire/imminent danger pay (HF/IDP) or combat zone tax exclusion (CZTE) during the period October 1998 to December 2001.  The DFAS representative stated that the Soldier's Master Military Pay Account (MMPA) indicated the Soldier received HF/IDP and CZTE from 25 April 1999 through
5 July 1999 for Albania.

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 Kosovo Task Force Hawk (5 April 1999 through 24 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.

9.  Army Regulation 600-8-22 states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Tables 2-2 through 2-4 provide listings of authorized military operations; however, Task Force Hawk is not listed as an authorized operation that was authorized the award of the AFEM.

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

11.  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 for:

   a.  item 11, enter the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served.  For time determination, 16 days or more count as a month; do not count basic or advanced individual training;

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; and
   c.  item 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the AAM upon completion of his tour in Germany.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant served in Germany from on or about 16 October 1998 to on or about 12 September 2000.  While in Germany, he deployed to Albania during the period 25 April through 5 July 1999.  Therefore, his DD Form 214 should be corrected accordingly.

3.  The applicant served during a qualifying period for the NDSM and the Kosovo Campaign Medal with one bronze service star.  Therefore, his DD Form 214 should be corrected to show these awards.

4.  The applicant completed the required training and he was awarded MOS 13R.  Therefore, item 11 of his DD Form 214 should be corrected to show the entry “13R1O  Field Artillery Firefinder Radar Operator, 3 years 2 months."

5.  The applicant’s contention that he was awarded the AFEM has been noted and appears to lack merit.  There is no evidence of record and he provided none that such was the case.  The evidence of record does not show the AFEM was awarded for Task Force Hawk.  Therefore, in the absence of sufficient evidence to show that the AFEM was awarded for the period he served in Albania, there appears to be no basis to grant this portion of his request.

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.  deleting from item 11 of his DD Form 214 the entry "See Block 18//Nothing Follows" and replacing it with the entry "13R1O  Field Artillery Firefinder Radar Operator, 3 years 2 months";

	b.  adding to item 13 of his DD Form 214 the:

* Army Achievement Medal
* National Defense Service Medal
* Kosovo Campaign Medal with one bronze service star

	c.  adding to item 18 the entry “Service in Albania From 19990425 - 19990705.”

2.  The Board further determined that 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 award of the Armed Forces Expeditionary 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)                                         AR20100019596



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ABCMR Record of Proceedings (cont)                                         AR20100019596



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