IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100020426 


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 Kosovo service and awards.

2.  He states his DD Form 214 does not reflect his service in Kosovo from September 1999 to February 2000.  Additionally, item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awards or Authorized) should reflect the medals for his service in Kosovo.

3.  He provides:

* a DA Form 638 (Recommendation for Award)
* 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 enlisted in the Regular Army on 3 February 1999 for a period of 3 years.

3.  A DA Form 638 shows he was recommended for award of the Army Achievement Medal for meritorious achievement while deployed to Operation Joint Guardian, Kosovo, for the period 9 September 1999 to 3 March 2000.

4.  An Army Achievement Medal Certificate, issued by Headquarters,
3rd Battalion, 504th Parachute Infantry Regiment (PIR), 82nd Airborne Division, awarded him the Army Achievement Medal for meritorious achievement in support of Operation Joint Guardian in Kosovo from 12 September 1999 to
5 March 2000, by Permanent Order Number 071-018, dated 13 March 2000.

5.  An Army Commendation Medal Certificate, issued by Headquarters,
1st Brigade, 504th PIR, Fort Bragg, NC, awarded him the Army Commendation Medal for meritorious service from 15 July 1999 to 18 January 2002, by Permanent Order Number 057-4, dated 17 January 2002.

6.  On 2 February 2002, he was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 by reason of completion of required active service.  Item 12f (Foreign Service) of his DD Form 214 shows no foreign service credit.  Item 18 (Remarks) does not show he served in support of Operation Joint Guardian in Kosovo.

7.  Item 13 of his DD Form 214 shows the Army Lapel Button, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and the Parachutist Badge.

8.  In connection with the processing of this case, the Army Military Pay Operations, Defense Finance and Accounting Service (DFAS), was asked to verify the period of service the applicant was authorized hostile fire/imminent danger pay (HF/IDP).  DFAS advised that the applicant received HF/IDP and Combat Zone Tax Exclusion (CZTE) for service in Macedonia from
12 September 1999 through 4 March 2000, a period of 5 months and 23 days.

9.  His record is void of official orders awarding him the Army Good Conduct Medal for his period of active service from 3 February 1999 through 2 February 

2002.  Additionally, his record is void of a commander's disqualification or any other derogatory information such as a court-martial, nonjudicial punishment, time lost, or suspension of favorable personnel actions which would have disqualified him from receiving his first award of the Army Good Conduct Medal.

10.  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:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22
* 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)"

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 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.

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 Global War on Terrorism operations outside of the AOE designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  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 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the 
termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows during the period covered by the applicant’s DD Form 214, he served in support of Operation Joint Guardian in Kosovo from 12 September 1999 to 4 March 2000, a period of 5 months and 23 days.  Therefore, he is entitled to correction of item 12f of his DD Form 214 to show a credit of 5 months and 23 days of foreign service and Item 18 of his DD form 214 to show his deployed service in Kosovo/Macedonia from 12 September 1999 to 4 March 2000.

2.  Permanent orders awarded the applicant the Army Commendation Medal and the Army Achievement Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  The evidence of records shows he was deployed to Kosovo/Macedonia in support of Operation Joint Guardian.  He also participated in the Kosovo Defense Campaign during his service in Kosovo.  Therefore, he is entitled to the Kosovo Campaign Medal with one bronze service star and correction of his DD Form 214 to show this award.

4.  The applicant served a qualifying period of service for entitlement to the Global War on Terrorism Service Medal.  Therefore, his DD Form214 should be corrected to show this award.

5.  The evidence of record confirms he served honorably on active duty during the period 3 February 1999 through 2 February 2002.  His records contain no derogatory information or evidence that shows he was denied award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award.

6.  In view of the foregoing, his records should be corrected as recommended 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 that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 12f of his DD Form 214 the entry 0000  00  00" and replacing it with the entry "0000  05  23";

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
3 February 1999 through 2 February 2002;

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

* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* Kosovo Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal

	d.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KOSOVO/
MACEDONIA FROM 19990912 - 20000304."



      ___________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)                                         AR20100020426



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ABCMR Record of Proceedings (cont)                                         AR20100020426



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