IN THE CASE OF:	  

		BOARD DATE:	  1 November 2012

		DOCKET NUMBER:  AR20120003882 


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 and any other awards and decorations.

2.  The applicant states the requested award is not on his DD Form 214.

3.  The applicant provides his 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's records show he enlisted in the Regular Army on 11 June 1998 and he held military occupational specialty 31B (Military Police).  

3.  On 30 June 2000, the Department of the Air Force awarded him the Air Force Achievement Medal for outstanding achievement as a Military Police Officer, Joint Task Force Creole, Haiti, from 19 January to 3 March 2000.

4.  Permanent Orders 072-05, issued by Headquarters, 793rd Military Police Battalion, Germany, on 13 March 2001, awarded him the Army Achievement Medal for meritorious achievement while deployed to Kosovo in support of Task Force Falcon.  

5.   Permanent Orders 293-202, issued by Headquarters, Joint Readiness Training Center, Fort Polk, LA, on 20 October 2001, awarded him the Army Good Conduct Medal for service from 11 June 1998 to 10 June 2001. 

6.  Permanent Orders 98-13, issued by Headquarters, 519th Military Police Battalion, Fort Polk, LA, on 22 April 2002, awarded him the Army Achievement Medal for meritorious achievement in support of Operation Noble Eagle from 23 September 2001 to 21 March 2002. 

7.  Permanent Orders 233-01, issued by Headquarters, 18th Military Police Brigade, Baghdad, Iraq, on 22 August 2003, awarded him the Army Commendation Medal for meritorious service in support of Operation Iraqi Freedom (OIF) from 20 March 2003 to 23 August 2003. 

8.  An email, dated 29 March 2012, received from the Defense Finance and Accounting Service, Indianapolis, IN, confirmed the applicant received hazardous fire/imminent danger pay (HF/IDP) for service in:

* Macedonia, from 28 November 2000 to 22 May 2001
* Kuwait, from 21 March 2003 to 30 September 2003

9.  He was separated on 30 November 2003.  His DD Form 214 shows in:

* Item 12f (Foreign Service) - the entry "0001  05  09"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon
* Item 18 - no entry pertaining to combat service in Kuwait/Iraq or Kosovo

10.  On 12 February 2006, he was issued a memorandum by the Army National Guard that authorized him award of the Global war on Terrorism Service Medal for service in support of the Global War on Terrorism (GWOT) from 23 March to 28 August 2003. 

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Iraq Campaign Medal is awarded to members who served in direct support of OIF.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010
* New Dawn (1 September 2010 to 31 December 2011)

	b.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the GWOT operations on or after 11 September 2001 to a date to be determined.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.  

	c.  The Global War on Terrorism Service Medal 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 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 Global War on Terrorism Service Medal.

	d.  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.  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 operations AOE or meet one or more of several 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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal, two awards of the Army Achievement Medal, and the Air Force Achievement Medal.  None of these awards are shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  He was awarded the Army Commendation Medal for service in support of OIF from 20 March 2003 to 23 August 2003.  His pay records confirm he received ID/HFP for service in Kuwait during this period, and it is presumed he went on to serve in Iraq.  He meets the criteria for award of the Iraq Campaign Medal and should be entitled to correction of his records to show it.  Additionally, he participated in two campaigns during his service in Iraq.  Therefore, he is also entitled to two bronze service stars to be affixed to the Iraq Campaign Medal and correction of his DD Form 214 to show these bronze service stars.  He is further entitled to correction of his DD Form 214 to show his combat service in Kuwait/Iraq in support of OIF.

3.  He was awarded the Army Achievement Medal for service in Kosovo in support of Task Force Falcon.  Although the dates of service in Kosovo are not listed on the certificate, his pay records confirm he received HF/IDP for service in Macedonia from 28 November 2000 to 22 May 2001.   He meets the criteria for award of the Kosovo Campaign Medal and should be entitled to correction of his records to show it.  Additionally, he participated in one campaign during his service in Kosovo.  Therefore, he is also entitled to a bronze service star to be affixed to the Kosovo Campaign Medal and correction of his DD Form 214 to show this bronze service star.  He is further entitled to correction of his DD Form 214 to show his combat service in Kosovo. 

4.  He served a qualifying period of service for award of the Global War on Terrorism Service Medal and should be entitled to correction of his DD Form 214 to show it. 


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 following awards to item 13 of his DD Form 214 for the period ending 22 January 2008 –

* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Air Force Achievement Medal
* Kosovo Campaign Medal with one bronze service star
* Iraq Campaign Medal with two bonze service stars

* adding the entries "SERVICE IN KOSOVO FROM 20001128-20010522" and "SERVICE IN KUWAIT/IRAQ FROM 20030321-20030930" to item 18 of his DD Form 214 for the period ending 22 January 2008



      ___________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)                                         AR20120003882





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ABCMR Record of Proceedings (cont)                                         AR20120003882



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