IN THE CASE OF:	  

		BOARD DATE:	    16 August 2012

		DOCKET NUMBER:  AR20120003299 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service in Kosovo from October to December 1999. 

2.  The applicant states he joined his unit in Kosovo in October 1999 after he recovered from knee surgery and served to December 1999; however, his DD Form 214 does not reflect that service and he has not been able to convince the Department of Veterans Affairs (VA) that he served there.

3.  The applicant provides a copy of his DD Form 4 (Reenlistment Contract) showing that he reenlisted in Kosovo.

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 7 May 1997.  He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training as a self-propelled field artillery systems mechanic at Aberdeen Proving Ground, Maryland before being transferred to Germany on 4 November 1997.

3.  On 20 November 1999, he reenlisted at Camp Bondsteel, Kosovo for a period of 6 years, assignment to Fort Stewart, Georgia, and a selective reenlistment bonus (SRB).

4.  On 9 April 2002, he was honorably discharged under the provisions of Army Regulation 635-40 due to disability with severance pay.  He had served 4 years, 11 months, and 3 days of active service and was paid $16,803.00 in severance pay benefits.  His DD Form 214 issued at the time of his discharge reflects no indication of his service in Kosovo.

5.  A review of his official records fails to show the period he served in Kosovo.  Additionally, officials at the Defense Finance and Accounting Service (DFAS) could provide no information regarding his deployment.

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for block 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

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 designated operations, including Operation Allied Force (24 March 1999 through 10 June 1999) area 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 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 (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.
8.  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 have 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, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted and found to have merit.  The applicant deployed to Kosovo in 1999.  While the exact dates cannot be determined, the applicant claims that he served from October to December 1999.  He has provided a reenlistment contract which shows that he reenlisted in November 1999. 

2.  Therefore, the applicant should be given the benefit of any doubt and be given credit for service in Kosovo from 1 October to 31 December 1999.

3.  Additionally, the applicant served during qualifying periods for awards of the Kosovo Campaign Medal with one bronze service star and the GWOTSM.  Accordingly, they 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:

1. 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:

* Adding the Kosovo Campaign Medal with one bronze service star and the GWOTSM to his DD Form 214
 
* Adding the entry “Service in Kosovo from 19991001 through 19991231” to block 18 of his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _  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)                                         AR20120003299





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ABCMR Record of Proceedings (cont)                                         AR20120003299



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