IN THE CASE OF:	  

		BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110012444 


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 the Kosovo Campaign Medal.  

2.  The applicant states the error in his record is the result of an administrative error caused by the campaign order not being forwarded to his home base prior to his release from active duty.

3.  The applicant provides:

* Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim)
* photocopy of his Kosovo Forces identification card
* memorandum, Headquarters, 1st Infantry Division, dated 18 October 2002, subject:  Travel Order Number TKA0008
* memorandum, Headquarters, Task Force 2nd Battalion, 2nd Infantry Regiment, 3rd Brigade, 1st Infantry Division, dated 10 February 2003, subject:  Release from Task Force Falcon
* memorandum, Headquarters, Multinational Brigade (East), Camp Bondsteel, dated 7 March 2003, subject:  Release from Task Force Falcon
* DD Form 1351-2 (Travel Voucher or Subvoucher)
* 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 27 June 2000.  He completed training and was awarded military occupational specialty 19D (Cavalry Scout).  

3.  He was honorably released from active duty on 26 June 2003 and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 3 years of net active service during this period of active duty.  This form also shows the following entries.

	a.  Item 12f (Foreign Service) he completed 2 years, 6 months, and 29 days of foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded the National Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon.

	c.  Item 18 (Remarks) does not show his participation in any deployments or named operations.

4.  An email from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, dated 11 August 2011, confirms the applicant received hostile fire/imminent danger pay and combat zone tax exclusion from 1 November 2002 through 1 April 2003 for service in Macedonia.

5.  He provides:

	a.  a memorandum from Headquarters, 1st Infantry Division, dated 18 October 2002, subject:  Travel Order Number TKA0008, that orders him to deploy as a member of the 1st Infantry Division to the Former Yugoslav Republic of Macedonia to conduct peacekeeping operations in support of Operation Joint Guardian [sic] in Kosovo for a period not to exceed 179 days; and

	b.  two memoranda releasing him from Task Force Falcon in Kosovo for the purpose of redeployment to the United States for separation processing.

6.  Army Regulation 600-8-22 (Military Awards) provides that the Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who participated in or served in direct support of Kosovo operation(s) after 24 March 1999, among them Operation Joint Guard from 11 June 1999 through a date to be determined.  The area of eligibility for the Defense Campaign includes the total land area and air space of Serbia (including Kosovo), Montenegro, Albania, Macedonia, and selected waters and air space.  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 area of eligibility or for 60 nonconsecutive days provided this support involves entering the operations area of eligibility or meet other established criteria.  One bronze service star is authorized with the Kosovo Campaign Medal for participation in each campaign.  The Kosovo Defense Campaign began on 11 June 1999 and ends on a date to be determined.

7.  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 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.

8.  His records indicate he is entitled to additional awards which are not shown on his DD Form 214.

9.  Permanent Orders 101-7, Delta Detachment, 38th Personnel Services Battalion, dated 11 April 2003, awarded him the Army Good Conduct Medal (1st Award) for the period 27 June 2000 through 26 June 2003.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Kosovo from 1 November 2002 through 1 April 2003 as reported by DFAS; therefore, he is entitled to correction of his DD Form 214 to show this deployment.

2.  His periods of service qualify him for 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 Good Conduct Medal (1st Award) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

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:

* amending item 13 of his DD Form 214 to add the Army Good Conduct Medal (1st Award) and the Kosovo Campaign Medal with one bronze service star
* amending item 18 of his DD Form 214 to add the entry "SERVICE IN KOSOVO FROM 20021101-20030401"



      _____________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)                                         AR20110012444



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