IN THE CASE OF:	  

		BOARD DATE:	  17 November 2011

		DOCKET NUMBER:  AR20110010549 


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.  He states he was attached to Task Force Hawk for 30 days.

3.  He provides the following:

* two DD Forms 214
* DD Form 215 (Correction to DD Form 214)
* Orders 215-001, dated 2 August 2000, with amendment orders, dated 23 August 2000
* DD Form 2648 (Preseparation Counseling Checklist)
* Certificate of Appreciation, dated 1 May 1999

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's records show he enlisted in the Regular Army on 17 June 1996.  He served 4 years, 3 months, and 20 days and was honorably released from active duty on 6 October 2000.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 6 October 2000 shows:

* Army Good Conduct Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Grenade Bar 
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* British Army Parachutist Badge
* Tunisian Parachutist Badge

4.  On 23 August 2000, he enlisted in the Army National Guard.  On 6 October 2001, he was ordered to active duty in support of Operation Noble Eagle.  He served 1 year and 27 days of active duty during this period and was honorably released on 2 November 2002.

5.  Item 13 of his DD Forms 214 for the period ending 2 November 2002 shows:

* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Armed Forces Reserve Medal with Mobilization Device
* Overseas Service Ribbon
* Parachutist Badge
* British Army Parachutist Badge 
* Tunisian Parachutist Badge 

6.  A Livorno Military Community certificate of appreciation provided by the applicant shows he was recognized for providing logistical support to Task Force Hawk.

7.  Information provided by the Defense Finance and Accounting Service (DFAS) verified he served in Serbia (Kosovo) from 31 May to 30 September 1999 and in Bosnia-Herzegovina from 1 to 31 July 2000.

8.  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 Noble Anvil or Kosovo Task Force Hawk.  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 areas of eligibility (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 (24 March to 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.

9.  A review of his DD Form 214 indicates he is entitled to an additional award that is not shown on this form.

10.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  For item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's certificate shows he was recognized in May 1999 for providing logistical support to Task Force Hawk.  Additionally, DFAS verified he was deployed in Serbia from 31 May to 30 September 1999.  It is reasonable to presume his 4-month deployment in Serbia was in support of Task Force Hawk.  Therefore, his records should be corrected to show he is entitled to award of the Kosovo Campaign Medal with two bronze service stars.

2.  The evidence of record shows he served on active duty on 11 September 2001 and for more than 30 days; therefore, he is entitled to award of the GWOTSM and correction of his DD Form 214 for the period ending 2 November 2002 to show this award.

3.  The applicant's previous DD Form 214 for the period ending 6 October 2000 shows he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to have these badges added to his DD Form 214 for the period ending 2 November 2002.

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 adding the Kosovo Campaign Medal with two bronze service stars, GWOTSM, Expert Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) to his DD Form 214 for the period ending 2 November 2002.



      _____________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)                                         AR20110010549



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ABCMR Record of Proceedings (cont)                                         AR20110010549



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