IN THE CASE OF:	  

		BOARD DATE:  6 September 2012

		DOCKET NUMBER:  AR20120004954 


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, in effect, corrections to Item 4a (Grade, Rate or Rank), Item 4b (Pay Grade), Item 12b (Separation Date), and Item 12f (Foreign Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

2.  The applicant states that his DD Form 214 shows his discharge date as 24 April 2003 and the actual date was 1 May 2003.  The DD Form 214 also shows his rank and pay grade as PFC (private first class), E3.  At the time of discharge he was a specialist (SPC), E4.  Also, his DD Form 214 does not show he served overseas in Kosovo.

3.  The applicant provides:

* DD Form 214
* Kosovo (Kosovo Force) Identification Card (ID)
* military ID card showing his rank and pay grade as SPC/E4
* Article on the 1st Battalion, 32nd Infantry 
* letter from his commander to his mother postmarked from Kosovo
* notarized letter from his mother
* previous DD Form 149 (Application for Correction of Military Record)

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 military records show he enlisted in the U.S. Army Reserve, Delayed Entry Program on 8 February 2001.  He enlisted in the Regular Army, in pay grade E-1, on 22 February 2001, for 3 years.  He completed training and was awarded military occupational specialty 11B (Infantryman).  

3.  Orders 101-1006 were issued by Headquarters, 10th Mountain Division (Light Infantry) and Fort Drum, NY, on 11 April 2003, reassigning him to the separation transition point with a reporting date of 1 May 2003.  The orders show he was assigned to Company B, 1st Battalion, 32nd Infantry.  These orders show his rank as SPC.

4.  Orders 113-1000 were issued by Headquarters, 10th Mountain Division (Light Infantry) and Fort Drum, NY, on 23 April 2003, amending Orders 101-1006 by changing his reporting date to 24 April 2003.  These orders show his rank as PFC.

5.  He was honorably discharged from active duty and was issued a DD Form 214 showing in:

* Items 4a and 4b the rank of PFC and pay grade E3
* Item 12b the date of 24 April 2003
* Item 12f zero credit for foreign service
* Item 12h (Effective Date of Pay Grade) the date of 1 January 2002

6.  A review of his official military personnel file located on the Integrated Personnel Electronic Records Management System failed to reveal the dates of his promotion to pay grades E2, E3, and E4.  The review also failed to show he served in support of Operation Joint Guardian in Kosovo during his period of active service.

7.  He provides:

* KFOR ID card showing an expiration date of October 2002
* military ID card, issued on 17 April 2003 and expiring on 1 May 2003, showing his rank and pay grade as SPC/E4

8.  He also provides a copy of a letter from his company commander to his mother.  The company commander stated that the applicant was doing a great job in Kosovo.  He further provides a copy of a letter from his mother wherein she stated that the applicant served in the U.S. Army in 2001-2002 and was deployed to Kosovo.  She sent his letters and care packages to his base in Kosovo and received letters from him.

9.  He also provides a copy of an article referencing the mission of the 1st Battalion, 32nd Infantry Regiment.  The article stated the battalion returned for a 6-month rotation in Kosovo as part of Task Force Falcon and the deployment was part of Operation Joint Guardian.

10.  A staff member of the Defense Finance and Accounting Service (DFAS), verified the applicant was authorized hostile fire/imminent danger pay (HF/IDP) from 7 November 2001 through 16 May 2002 for service in Kosovo/Macedonia. 

11.  DFAS also verified he served in the following pay grades:

* E1 from 22 February through 21 August 2001
* E2 from 22 August 2001 through 31 December 2002
* E3 from 1 January 2002 through 21 February 2003
* E4 from 22 February 2003 through 24 April 2003

12.  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:

* Items 4a and 4b and 12h, enter the rank, pay grade, and the effective date of the individual's promotion or reduction to the rank and pay grade in which the individual was service on the effective date of separation
* Item 12, enter the total amount of foreign service completed during the period covered by the DD Form 214
* Item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service IN (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)"

13.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was issued separation orders dated 11 April 2003 showing his pay grade as E4.  He was subsequently issued amended separation orders on 23 April 2003.  This order shows his pay grade as E3.  He was discharged and issued a DD Form 214 showing the rank of PFC and pay grade E-3.  

2.  However, DFAS verified he was promoted to pay grade E-4 on 22 February 2003 and was being paid as an E4 from that date through 24 April 2003, the date of his discharge.  Therefore, it appears he is entitled to correction to Items 4a and 4b on his DD Form 214 to show his rank as SPC, pay grade E-4 and Item 12h to show his effective date of pay grade as 22 February 2003.

3.  The evidence of record also confirms he served in support of Operation Joint Guardian in Kosovo from 7 November 2001 through 16 May 2002 in Kosovo/Macedonia, a period of 6 months and 10 days.  Therefore, he is entitled to correction of item 12f of his DD Form 214 to show a credit of 6 months and 10 days of foreign service and Item 18 of his DD form 214 to show his deployed service in Kosovo/Macedonia from 7 November 2001 through 16 May 2002.

4.  Based on his deployment to Kosovo/Macedonia in support of Operation Joint Guardian, he also participated in the Kosovo Defense Campaign during his service in Kosovo.  Therefore, he is entitled to the Kosovo Campaign Medal with one bronze service star and correction of his DD Form 214 to show this award.

5.  The evidence of record also shows he was issued orders on 23 April 2003 changing his date of discharge from 1 May to 24 April 2003.  He was issued a DD Form 214 properly showing this date in Item 12b.  Therefore, he is not entitled to correction to Item 12b on his 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 that the evidence presented was 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:

* deleting from Items 4a and 4b of his DD Form 214 the entries PFC and E3 and replacing them with the entries SPC and E4
* deleting from Item 12f of his DD Form 214 the entry 0000  00  00" and replacing it with the entry "0000  06  10" 
* deleting from Item 12h of his DD Form 214 and replacing it with the entry “2003 02 22”
* adding to Item 13 of his DD Form 214 the Kosovo Campaign Medal with one bronze service star 
* adding to Item 18 of his DD Form 214 the entry "SERVICE IN KOSOVO/   MACEDONIA FROM 20011107 - 20020516"

2.  The Board further determined that 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 correcting Item 12b of his 2003 DD Form 214 to show the date of 1 May 2003



      __________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)                                         AR20120004954





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ABCMR Record of Proceedings (cont)                                         AR20120004954



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