IN THE CASE OF:	  

		BOARD DATE:	  3 May 2011

		DOCKET NUMBER:  AR20100024924 


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 service in Kosovo, the Army Commendation Medal (ARCOM), the Army Achievement Medal (AAM), and his noncommissioned officer (NCO) training.

2.  The applicant states his DD Form 214 does not show his deployment to Kosovo, the ARCOM, or his NCO training.

3.  The applicant provides ARCOM and AAM Certificates and a 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 15 October 1997.  Upon completion of initial entry training, he was awarded military occupational specialty 31U (Signal Support Systems Specialist).

3.  He provides an AAM Certificate that shows he was awarded the AAM on 
12 March 2001 for meritorious achievement while deployed to Kosovo in support of Task Force Falcon by the 793rd Military Police (MP) Battalion Permanent Orders Number 071-15.  This certificate shows his unit as the 258th MP Company.

4.  His Official Military Personnel File contains a DA Form 1059 (Service School Evaluation Report) that shows he attended and completed the Primary Leadership Development Course (PLDC) from 1 August 2001 to 31 August 2001. 

5.  He also provided an award certificate that shows he was awarded the ARCOM on 8 February 2002 by 519th MP Battalion Permanent Orders Number 24-02.

6.  Defense Finance and Accounting Service (DFAS) records show he received hostile fire/imminent danger pay (HF/IDP) for service in Bosnia-Herzegovina from 22 November 2000 through 22 May 2001 (5 months and 25 days).

7.  An internet search of the history of the 519th MP Battalion (superior unit to the 258th MP Company) in the Joint Readiness Training Center, Fort Polk, LA website, revealed that on 28 November 2000, the 258th MP Company deployed to Kosovo in support of Operation Joint Guardian, Task Force Falcon.

8.  He was released from active duty on 14 March 2002.  Item 12f (Foreign Service) of his DD Form 214 does not show any foreign service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Lapel Button, Army Good Conduct Medal, and the Army Service Ribbon.  Item 14 (Military Education) does not show PLDC and item 18 (Remarks) does not show his deployment to Kosovo.

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  the NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses, among which is the PLDC.

	b.  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.

	c.  the National Defense Service Medal (NDSM) 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.

	d.  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 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.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It provides standardized policy for the preparation of the DD Form 214 and states:

	a.  that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f; 

	b.  that for item 14, list formal in-service (full-time attendance) training courses
successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

	c.  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 item 18.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in Kosovo, the ARCOM, the AAM, and his NCO training.

2.  He contends that he served in Kosovo.  DFAS records show he received HF/IDP for service in Bosnia-Herzegovina from 22 November 2000 through
22 May 2001 (5 months and 25 days); however, an award certificate shows he received an award for service in Kosovo and an internet search confirms that his unit deployed to Kosovo.  There is no evidence showing that he served in Bosnia-Herzegovina.  Therefore, item 12f of his DD Form 214 should be corrected to show 5 months and 22 days of foreign service and item 18 should be corrected to show his service in Kosovo.

3.  Evidence shows he was awarded the AAM and the ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  A DA Form 1059 confirms that he completed the PLDC.  Therefore, he is entitled to the NCO Professional Development Ribbon and its addition to his DD Form 214.  This course should also be added to item 14 of his DD Form 214.

5.  Based on his service in Kosovo, he is entitled to the Kosovo Campaign Medal and its addition to his DD Form 214.  

6.  He served a period of qualifying service for awards of the NDSM and the GWOTSM.  These awards should also be added 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 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.  adding to item 12f of his DD Form 214 the entry "00 05  25";

	b.  adding to item 13 of his DD Form 214 the Army Commendation Medal, the Army Achievement Medal, the National Defense Service Medal, the Kosovo Campaign Medal, the Global War on Terrorism Service Medal, and the Noncommissioned Officer Professional Development Ribbon; 

	c.  adding to item 14 of his DD Form 214 the entry "Primary Leadership Development Course, 4 weeks, 2001": and

	d.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KOSOVO FROM 20001128 - 20010522."




      _______ _   __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)                                         AR20100024924



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ABCMR Record of Proceedings (cont)                                         AR20100024924



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