IN THE CASE OF:
BOARD DATE: 10 July 2012
DOCKET NUMBER: AR20110024968
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty ) be corrected to show his service in Kosovo and his Army Commendation Medal.
2. The applicant states he served on Kosovo from June to November 1999.
3. The applicant provides copies of the DA Form 638 (Recommendation for Award) and the certificate for his Army Commendation Medal.
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 applicants 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 applicants 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 on in the Regular Army on 13 March 1998, completed training as a water treatment specialist, and served in Germany from whence he deployed to the former Yugoslavia.
3. 1st Infantry Division Permanent Orders Number 43-5, dated 12 February 2001, awarded him the Army Commendation Medal for meritorious service during the period 10 August 1998 through 13 March 2001, in part, for his hard work and dedication in Kosovo.
4. He was honorably released from active duty on 12 March 2001. His DD Form 214 shows his authorized awards as the Army Service Ribbon and the Overseas Service Ribbon. Item 18 (Remarks) does not any deployments).
5. His records contain no derogatory information.
6. The Defense Finance and Accounting Service (DFAS) advised that the applicant received Hostile Fire/Imminent Danger Pay for Macedonia during the period 30 June through 5 November 1999.
7. According to various authoritative sources the Republic of Macedonia is bordered by Kosovo to the northwest and Serbia to the north. It served as a base for operations in the Kosovo War of 1999.
8. Army Regulation 600-8-22 (Military Awards) provides that:
a. 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 various operations within the Kosovo Air Campaign or Kosovo Defense Campaign areas of eligibility (AOE). The AOE inclided the total land area and air space of Serbia (including Kosovo), Montenegro, Albania, Macedonia, Bosnia, Croatia, Hungary, Romania, Greece, Bulgaria, Italy and Slovenia.
b. One bronze service star will be worn for participation in each campaign (Kosovo Air Campaign and Kosovo Defense Campaign).
c. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
9. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing the DD Form 214 currently it requires an item 18 entry reflecting combat deployments in the format of, SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, (YYYYMMDD - YYYYMMDD).
DISCUSSION AND CONCLUSIONS:
1. DFAS reports that the applicant received Hostile Fire/Imminent Danger pay for Macedonia during the period 30 June through 5 November 1999. The recommendation for the applicant's Army Commendation Medal served in the former Yugoslav province of Kosovo. Macedonia served as a base for various operations in the various former Yugoslav provinces.
3. The applicant's DD Form should be corrected to add in item 18, SERVICE IN KOSOVO FROM 19990630 19991105.
4. The applicant distinguished himself throughout his first 3 year period of continuous period of active duty by his performance as evidenced by his Army Commendation Medal and his offense free conduct. There is no indication of any disqualification for the Army Good Conduct Medal. It should be awarded and added to his DD Form 214.
5. The applicant is authorized the Kosovo Campaign Medal and one bronze service star. It should be added to his DD Form 214.
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. Awarding him the Army Good Conduct Medal for the period 13 March 1998 - 12 March 2001;
b. adding to the authorized awards shown in his DD Form 214 the Army Good Conduct Medal (First Award) and Kosovo Campaign Medal with one bronze service star; and
c. adding to item 18 of his DD Form 214 the entry, "SERVICE IN KOSOVO FROM 19990630 19991105.
_______ _ __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) AR20110024968
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110024968
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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