IN THE CASE OF:	  

		BOARD DATE:	  27 October 2011

		DOCKET NUMBER:  AR20110008018 


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 two tours in Kosovo.

2.  The applicant states he served in Kosovo from 2 October 2001 to 20 February 2002 and from 10 October 2002 to 7 February 2003.  Neither his foreign service nor his campaign medals are shown on his DD Form 214.

3.  The applicant provides:

* Orders 267-10 (temporary duty orders)
* Orders 022-09 (amendment orders)
* NATO Medal certificates
* DA Form 638 (Recommendation for Award) 

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 23 July 1999 and held military occupational specialty 31P (Microwave System Operator/Maintainer).  He served in Germany from 5 September 2000 to 4 September 2003. 

3.  He was honorably released from active duty on 22 August 2004 and transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  His DD Form 214 shows he completed 5 years and 1 month of creditable active service.  This form also shows the following entries:

	a.  Item 12f (Foreign Service) shows he completed 3 years, 11 months, and 18 days of foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, and Global War on Terrorism Service Medal. 

	c.  Item 18 (Remarks) does not show service in a hazardous fire pay/imminent danger pay (HFP/IDP) area.

4.  An email, dated 13 July 2011, from the Defense Finance and Accounting Service, Indianapolis, IN, confirms the applicant received HFP/IDP and combat zone tax exclusion from 2 October 2011 through 20 February 2002 and 10 October 2002 through 6 February 2003 for service in Macedonia. 

5.  He submitted:

	a.  Orders 267-10, issued by Headquarters, 5th Signal Command, on 25 September 2001 ordering him to perform temporary duty in Kosovo for a period of 120 days with a proceed date of on or about 2 October 2001.

	b.  Orders 022-09, issued by Headquarters, 5th Signal Command, amending his period of temporary duty in Kosovo to 179 days.

	c.  DA Form 638, dated 10 February 2002, which shows he was awarded the Army Achievement Medal for meritorious achievement in Kosovo from 15 October to 27 December 2001 by Permanent Orders 41-2, issued by Headquarters, 110th Military Intelligence Battalion, Camp Bondsteel, Kosovo.

	d.  NATO Medal certificate, for service with NATO on operations in relation to Kosovo from 2 October 2001 to 20 February 2002.

	e.  NATO Medal certificate, for service with NATO on operations in relation to Kosovo from 10 October 2002 to 7 February 2003.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states the total amount of foreign service completed during the period covered by the DD Form 214 is entered in item 12f and is obtained from the Soldier's records.  Additionally 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.

7.  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).  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 operations 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, is wounded or injured and requires 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 begin during the Air Campaign (began on 24 March 1999 and ended on 10 June 1999) and continues into the Defense Campaign (began on 11 June 1999 to a date to be determined) entitles a member to only one bronze service star.


DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Kosovo from 2 October 2001 to 20 February 2002 and from 10 October 2002 to 7 February 2003 as shown on his NATO Medal certificates.  The two periods of service are consistent with his pay records which show he received HFP/IDP for service in Macedonia from 2 October 2011 through 20 February 2002 and 10 October 2002 through 6 February 2003.  Therefore, he is entitled to correction of his DD Form 214 to show this combat service.

2.  His periods of service qualify him for award of the Kosovo Campaign Medal and correction of his records to show this award.  Additionally, he participated in the Defense Campaign during his service in Kosovo.  Therefore, he is entitled to a bronze service star to be affixed to the Kosovo Campaign Medal and correction of his DD Form 214 to show it.

3.  Permanent orders awarded him the Army Achievement Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his 
DD Form 214 to show this medal.

4.  He was awarded two awards of the NATO Medal, neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show both medals.

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 13 of his DD Form 214 the Army Achievement Medal, NATO Medal (2nd Award), and Kosovo Campaign Medal with one bronze service star; and 
   b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KOSOVO 20011002 - 20020220 and 20021010 – 20030207."



      _______ _   __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)                                         AR20110008018



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ABCMR Record of Proceedings (cont)                                         AR20110008018



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