IN THE CASE OF:	  

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100023927 


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 award of the Kosovo Campaign Medal.

2.  The applicant states he served in Kosovo from October 1999 through November 2000.

3.  The applicant provides deployment orders to Kosovo.

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 4 October 1994.  He was trained in and awarded military occupational specialty (MOS) 11B (Infantryman).

3.  The applicant's Official Military Personnel File (OMPF) maintained on the interactive Personnel Electronic Records Management System (IPERMS) is void of any documents or orders confirming service in Kosovo between October 1999 and November 2000.

4.  On 11 November 2000, the applicant was honorably released from active duty, in the rank/grade of sergeant (SGT)/E-5, after completing 6 years, 1 month, and 8 days of total active service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time does not show award of the Kosovo Campaign Medal.

5. The applicant provides Orders 273-39, issued by Detachment D, 510th Personnel Services Battalion, dated 30 September 1999, which directed his deployment to Task Force Falcon, Kosovo in support of Operation Rapid Guardian with a will proceed date of 1 October 1999 for a period not to exceed 179 days.  The applicant's OMPF is void of confirmation of movement on these orders.

6.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) was asked to confirm the applicant's service in Kosovo.  A representative of DFAS confirmed that based on the applicant's Master Military Pay Account (MMPA) he received hostile fire/imminent danger pay (HF/IDP)   and combat zone tax exclusion (CZTE) for Serbia from 31 May 1999 through    30 September 1999 and Albania from 1 October 1999 through 2 October 1999.  There is no record of his receiving HF/IDP or CZTE for service in Kosovo between October 1999 and November 2000.  

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-5 contains guidance on the Kosovo Campaign Medal.  It states it is authorized to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in Kosovo operations in the Kosovo Air Campaign and Kosovo Defense Campaign areas of eligibility (AOE), which included Serbia and Albania, for 30 consecutive or 60 non-consecutive days.  One bronze service star will be worn on the suspension and service ribbon of the Kosovo Campaign Medal 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.  

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes 


standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains instructions for preparing the DD Form 214.  The instructions for item 18 (Remarks) state for an active duty Soldier deployed 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's contention that he is eligible for the Kosovo Campaign Medal for his service in Kosovo between October 1999 and November 2000 has been carefully considered and found to have partial merit.  

2.  Although the evidence of record fails to confirm the applicant served in Kosovo as a member of Task Force Hawk between October 1999 and November 2000, the DFAS record does confirm he received HF/IDP and CZTE for service in Serbia/Albania between 31 May and 2 October 1999.

3.  In view of his service in Serbia/Albania which are qualifying AOE's, it would be appropriate to add the Kosovo Campaign Medal with one bronze service star to his DD Form 214.

4.  Further, it would also be appropriate to document his deployed service to Serbia/Albania by adding to item 18 of his DD Form 214 the entry "SERVICE IN SERBIA/ALBANIA FROM 19990531 – 19991002."

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

	b.  adding to item 18 the entry "SERVICE IN SERBIA/ALBANIA FROM
19990531 – 19991002."

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 documenting service in Kosovo between October 1999 and November 2000.



      ____________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)                                         AR20100023927



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ABCMR Record of Proceedings (cont)                                         AR20100023927



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