IN THE CASE OF:

		BOARD DATE:  13 March 2012

		DOCKET NUMBER:  AR20110018217 


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:

   a.  completion of the Special Forces (SF) Assessment and Selection Course.
   
   b.  service in Kosovo.

   c.  award of the:

* Combat Infantryman Badge
* Bronze Star Medal with "V" Device
* German Armed Forces Marksmanship Badge (Silver)
* National Atlantic Treaty Organization (NATO) Medal
* Bronze Star Medal
* Army Commendation Medal (2d Award)
* Army Achievement Medal (7th Award)

2.  The applicant states he was informed that his records would be corrected upon discharge.  However, he has spent several years trying to locate and obtain copies of supporting documents.

3.  The applicant provides copies of:

* Bronze Star Medal and Bronze Star Medal with "V" Device orders
* Orders for Army Commendation Medal (2nd Award)
* Army Achievement Medal orders (7th Award)
* Combat Infantryman Badge orders
* NATO Medal certificate
* memorandum authorizing him to accept, wear, and have recorded in his records the German Armed Forces Marksmanship Badge (Silver)
* Completion Certificate for the Assessment and Selection Phase of SF Qualification 
* DD Form 214 
* DA Form 2166-6 (Noncommissioned Officer Evaluation Report (NCOER)) 

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 3 August 1994.  He completed training and was awarded military occupational specialty 11B (Infantryman). 

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

	a.  item 5 (Overseas Service) that he served in Germany from 14 December 1994 through 13 December 1996, Bosnia from 20 December 1995 through
7 November 1996, and in Kuwait from 1 September through 1 December 1997; and 

	b.  item 9 (Awards, Decorations, and Campaigns) the National Defense Service Medal, Army Service Ribbon, Army Achievement Medal (5th Award), NATO Medal, Armed Forces Service Medal, Expert Infantryman Badge, Army Commendation Medal (2nd Awards), Army Good Conduct Medal (1st Award), Noncommissioned Officer's Professional Development Ribbon with Numeral 1, and Armed Forces Expeditionary Medal.

4.  The applicant was honorably discharged on 21 August 2004 as a staff sergeant/E-6.  He had completed 10 years and 19 days of net active service.  His DD Form 214 shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Army Achievement Medal (5th Award), Army Good Conduct Medal, National Defense Service Medal, (2d Award), Armed Forces Expeditionary Medal, Army Lapel Button, Noncommissioned Officer's Professional Development Ribbon with Numeral 2, Army Service Ribbon, Overseas Service Ribbon, and the Expert Infantryman Badge.

	b.  item 18 (Remarks) service in:
* Kuwait from 1 September 1997 to 1 December 1997
* Bosnia from 20 December 1995 to 7 November 1996 
* Kuwait/Iraq from 6 January 2003 to 19 July 2003

5.  His records contain a DA Form 2166-8 for the period June 2001 through May 2002 showing he participated in Operation Joint Guardian in Kosovo.

6.  The applicant provides copies of:

   a.  permanent orders for the: 

* Bronze Star Medal for achievement from 20 March to 30 April 2003
* Bronze Star Medal with "V" Device for heroism on 29 March 2003
* Army Commendation Medal for achievement from 1 January to
1 November 1996
* Army Commendation Medal for service from 1 September 1996 to
27 July 1998
* Army Achievement Medals for achievement from 28 February to 
8 March 1995, from 25 February to 13 March 1998, from 2 to 
16 November 1998, 14 June to 8 July 1999, during January 2000, from 5 to 23 March 2001, and from 1 November 2001 to 8 May 2002 
* Combat Infantryman Badge for the period 20 March to 14 April 2003 

   b.  a certificate for the NATO Medal for the period 31 December 1995 to 
5 November 1996;

   c.  a memorandum authorizing him to accept, wear, and have recorded in his records the German Armed Forces Marksmanship Badge (Silver);
	
   d.  a certificate showing he completed the Assessment and Selection Phase of the SF Qualification Course, dated 5 October 2000; and

   e.  an unsigned DA Form 2166-6 for the period June 2001 through May 2002 showing he deployed to Kosovo as part of KFOR 3B.

7.  An on-line report on Military History from Norwich University shows the rotation period for Kosovo Force (KFOR) 3B was from November 2001 through May 2002.

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 Operation Allied Force (24 March 1999 through 10 June 1999); Operation Joint Guardian (11 June 1999 through a date to be determined).  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.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement or discharge.  It states in paragraph 2h(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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided permanent orders showing he was awarded the Bronze Star Medal with "V" Device, Bronze Star Medal, Army Commendation Medal (2nd Award), Army Achievement Medal (7th Award), Combat Infantryman Badge, and the NATO Medal.  Additionally, he provided evidence to show he was approved to accept, wear and have recorded in his records the German Armed Forces Marksmanship Badge (Silver).  These awards should be added to his DD Form 214.
2.  His NCOER shows he served in Kosovo as a part of KFOR 3B and an on-line report on Military History shows the rotation period for KFOR 3B was from November 2001 through May 2002.  This evidence is sufficient to add this period of service to his DD Form 214.

3.  He also served a qualifying period for award of the Kosovo Campaign Medal with one bronze service star. 

4.  The certificate he provided shows completion of the Assessment and Selection Phase of the SF Qualification Course, not completion of the course.  The governing regulation only allows for listing the completion of formal in-service (full-time attendance) training courses on the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X __  ____X___  ____X __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 item 13 of his DD Form 214 the:

* Bronze Star Medal
* Bronze Star Medal with "V" Device
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (7th Award)
* Combat Infantryman Badge
* NATO Medal
* Kosovo Campaign Medal with one bronze service star
* German Armed Forces Marksmanship Badge (Silver)

	b.  adding to item 18 of his DD Form 214 "Service in Kosovo from November 2001 to May 2002."

2.  The Board further determined 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 correcting the applicant's DD Form 214 to show completion of the Assessment and Selection Phase of the SF Qualification Course.



      _______ _  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)                                         AR20100022947



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ABCMR Record of Proceedings (cont)                                         AR20110018217



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