IN THE CASE OF:	  

		BOARD DATE:	  13 September 2011

		DOCKET NUMBER:  AR20110004396 


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 that he be awarded all decorations and awards to which he is entitled for his service in Kosovo from June to December 1999.

2.  The applicant states, in effect, that he served with Company A, 1st Battalion, 26th Infantry Regiment in Kosovo from June to December 1999 ad was released from active duty (REFRAD) a week before his unit returned to Germany.  He goes on to state that he recently learned that he should have received the awards of the Kosovo Liberation Medal and the Armed Forces Expeditionary Medal for his service in Kosovo. 

3.  The applicant provides no additional documents with his application.

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 in Philadelphia, Pennsylvania on 26 August 1997 for a period of 2 years and 16 weeks and training as a fighting vehicle infantryman.  He completed his one-station unit training at Fort Benning, Georgia and was transferred to Schweinfurt, Germany on 14 January 1998 for assignment to Company A, 1st Battalion, 26th Infantry Regiment.  His unit deployed to Kosovo from June to December 1999 and was awarded the Superior Unit Award and the Defense of Kosovo streamer.

3.  Information received from the Defense Finance and Accounting Service (DFAS) indicates that the applicant received hostile fire/imminent danger pay and combat zone tax exclusion from 18 June through 16 October 1999 for Macedonia.

4.  On 7 December 1999, the applicant was honorably REFRAD due to completion of required service.  He had served 2 years, 3 months and 12 days of active service and his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he was awarded the Army Service Ribbon, the Overseas Service Ribbon, and the Expert Infantryman Badge.  It makes no reference to his deployed service.

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 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.

6.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal (AFEM) is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods.  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.  The area of Kosovo is not listed as being authorized award of the AFEM. 

7.  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 an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 (Remarks) the statement “SERVICE IN (Name of Country Deployed) From (inclusive dates for example, YYYYMMDD - YYYYMMDD).”
     
DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows that the applicant served in Kosovo from 18 June to 16 October 1999.  Accordingly, his records should be corrected to reflect his “Service in Kosovo from 19990618 through 19991016”. 

2.  The applicant also served during a qualifying period for award of the Kosovo Campaign Medal with one bronze service star.  Accordingly, it should be awarded at this time and added to his records.  Additionally, his unit was awarded the Superior Unit Award (SUA) during the period he served and he is entitled be awarded the SUA and to have that award added to his records.

3.  The applicant’s contention that he should be awarded the AFEM for his service in Kosovo has been noted and appears to lack merit.  The applicable regulation does not reflect that the AFEM was awarded for service in Kosovo during the period the applicant served.  Therefore, absent such evidence, there appears to be no basis to award him the AFEM at this time.

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 his DD Form 214 the Kosovo Campaign Medal with one bronze service star and adding the Superior Unit Award; and 

	b.  adding to block 18 of his DD Form 214 the entry “Service in Kosovo from 19990618 through 19991016.” 

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 AFEM.  



      _______ _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)                                         AR20110004396





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ABCMR Record of Proceedings (cont)                                         AR20110004396



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