IN THE CASE OF:
BOARD DATE: 31 March 2011
DOCKET NUMBER: AR20100023596
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 award of the Kosovo Campaign Medal.
2. The applicant states he participated in Operation Joint Guardian. The award was established as he was returning from Kosovo. Personnel in his unit were not awarded the medal.
3. The applicant provides a copy of 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, a U.S. Army Reserve Civil Affairs specialist, was ordered to active duty in support of operations in the former Republic of Yugoslavia on 6 August 1999.
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows in:
a. item 5 (Overseas Service) that he was in Kosovo in support of Operation Joint Guardian from 15 August 1999 through 9 March 2000 and
b. item 9 (Awards, Decorations, and Campaigns) the Army Service Ribbon, Armed Forces Reserve Medal with "M" Device, and the Army Reserve Components Achievement Medal (19 May 2000).
4. The applicant's DD Form 214 shows in:
a. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Armed Forces Service Medal, Armed Forces Reserve Medal with "M" Device, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and
b. item 18 (Remarks) that he was ordered to active duty in support of Operation Joint Guardian. It also shows the following imminent danger pay areas: Macedonia from 17 August 1999 to 19 August 1999, Kosovo from 19 August 1998 to 6 March 2000, and Macedonia from 6 March 2000 to 8 March 2000.
5. 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 Operation Allied Force (24 March 1999 through 10 June 1999); Operation Joint Guardian (11 June 1999 through a date to be determined); Operation Allied Harbour (4 April 1999 through 1 September 1999); Operations Sustain Hope/Shining Hope (4 April 1999 through 10 July 1999); Operation Noble Anvil (24 March 1999 through 20 July 1999); or Kosovo Task Forces Hawk (5 April 1999 through 24 June 1999), Saber (31 March 1999 through 8 July 1999), or Hunter within the Kosovo Air Campaign or Kosovo Defense Campaign areas of eligibility (AOE).
6. Army Regulation 600-8-22 further states 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 criteria, including: (a) be engaged in actual combat or duty that is equally as hazardous as combat duty during the operation with armed opposition regardless of time in the AOE and (b) while participating in the operation, regardless of time, are wounded or injured and require medical evacuation from the AOE. 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 on 24 March 1999 through 10 June 1999 and continued into the Defense Campaign 11 June 1999 to a date to be determined entitles a member to only one bronze service star.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows the applicant was deployed in support of operations in Kosovo from 15 August 1999 through 9 March 2000. Therefore, his DD Form 214 should be corrected to show award of the Kosovo Campaign Medal with one bronze service star.
2. The Kosovo deployment dates on his DD Form 214 show he was deployed to Kosovo from 19 August 1998 to 6 March 2000. The available evidence shows the correct dates are 19 August 1999 to 6 March 2000. This correction should be made 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 the evidence presented is 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 to item 13 of his DD Form 214 the Kosovo Campaign Medal with one bronze service star and
b. deleting from item 18 of his DD Form 214 the entry "KOSOVO 980819 TO 000306" and replacing it with the entry "KOSOVO 990819 TO 000306."
___________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) AR20100022947
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100023596
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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