IN THE CASE OF: 

		BOARD DATE:  27 September 2012

		DOCKET NUMBER:  AR20120005981 


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 his:

* service in Kosovo
* Army Commendation Medal
* Army Achievement Medal
* track and wheel badges
* completion of the Primary Leadership Development Course (PLDC)

2.  The applicant states that he honorably served his commitment and evidence showing he participated in a campaign is very important for veteran's preference for federal employment.  The documents need to be properly annotated on his DD Form 214.

3.  The applicant provides copies of:

* his DD Form 214
* Army Achievement Medal certificate with orders
* Orders showing he was awarded the Track badge
* Orders showing he was awarded the Wheel badge
* NATO Medal Certificate 
* DA Form 1059 (Service School Academic Evaluation Report) for PLDC


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 March 1998 and held military occupational specialty 91W (Medical Specialist).  He served in Germany from 9 August 1998 until 30 September 2003. 

3.  He was honorably released from active duty on 30 September 2003.  He had completed 5 years, 6 months, and 28 days of creditable active service.  His DD Form 214 shows in: 

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

	b.  item 14 (Military Education) does not show he completed PLDC.

	c.  Item 18 (Remarks) does not show any deployed service.

4.  He submitted:

	a.  Permanent orders showing he was awarded the Army Achievement Medal on 15 December 2000 for meritorious service from 8 August 1998 to 7 February 2001.

	b.  Two permanent orders, dated 23 November 1999, showing he was awarded the Track Badge and Wheel Badge.  These orders are interpreted to refer to the Driver and Mechanic Badge with Driver-W (for wheeled vehicles) and the Driver-T (for tracked vehicles) bars.

	c.  NATO Medal Certificate showing service in support of operations in Kosovo from 7 January through 7 December 2000.

	d.  DA Form 1059 showing he completed PLDC on 7 November 2001.

5.  His Army Military Human Resource Record (AMHRR) contains permanent orders showing he was awarded the Army Commendation Medal on 11 August 2003 for exceptional meritorious service from 6 March 2001 to 30 September 2003.

6.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  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 Joint Guardian (11 June 1999 through a date to be determined), or Hunter within the Kosovo Air Campaign or Kosovo Defense Campaign areas 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 operations AOE.  One bronze service star will be worn for participation in each campaign (Kosovo Air Campaign and Kosovo Defense Campaign).   The 30 consecutive or 60 nonconsecutive days that begin during the Air Campaign (began on 24 March 1999 and ended on 10 June 1999) and continues into the Defense Campaign (began on 11 June 1999 to a date to be determined) entitles a member to only one bronze service star.

	b.  Global War on Terrorism Service Medal is authorized for award to all Soldiers on active duty on or after 11 September 2001 to a date to be determined. 

	c.  Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

	a.  item 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.

	b.  item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." 

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant served in Kosovo from 7 January through 
7 December 2000.  Therefore, he is entitled to correction of his DD Form 214 to show this service.

2.  His service in Kosovo entitles him to award of the Kosovo Campaign Medal.  Additionally, his participation in the Kosovo Defense Campaign also entitles him to a bronze service star to be affixed to the Kosovo Campaign Medal. 

3.  Permanent orders awarded him the Army Commendation Medal and the Army Achievement Medal which are not shown on his DD Form 214.  

4.  Permanent orders also award him the Track Badge and Wheel Badge.  These orders are interpreted to refer to the Driver and Mechanic Badge with Driver-W (for wheeled vehicles) and the Driver-T (for tracked vehicles) bars.  

5.  He served a qualifying period of service for award of the Global War on Terrorism Service Medal.  

6.  His DD Form 214 should be corrected to show these awards.

7.  He successfully attended and completed PLDC.  Therefore, he is entitled to award of the NCO Professional Development Ribbon with Numeral 1.  It would be appropriate to add the award to item 13 and the training to item 14 of 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 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:

	a.  adding the following awards to item 13 of his DD Form 214:

* Army Commendation Medal
* Army Achievement Medal
* Global War on Terrorism Service Medal
* Driver and Mechanic Badge with Driver-T and Driver-W Bars
* Noncommissioned Officer Professional Development Ribbon with Numeral 1
* Kosovo Campaign Medal with one bronze service star 

	b.  adding the Primary Leadership Development Course, 4 weeks, November 2007 to item 14 of his DD Form 214; and 

	c.  adding the entry "SERVICE IN KOSOVO 20000107-20001207" to item 18 of his DD Form 214.



      __________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)                                         AR20110008018



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ABCMR Record of Proceedings (cont)                                         AR20120005981



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