IN THE CASE OF:	  

		BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120009921 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the awards he is entitled to for his deployments to:

* Haiti, from July to September 1999
* Kosovo, from January to June 2001

2.  He also requests orders for these awards.

3.  The applicant states he was assigned to the 1st Battalion, 325th Infantry, 82nd Airborne Division, Fort Bragg, NC, and he deployed to these locations but he lost his records.  He needs replacement orders for the awards from his Haiti and Kosovo deployments.  The U.S. Army Human Resources Command has no record of his active duty status.  

4.  The applicant provides no additional evidence.

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 5 November 1998 and he held military occupational specialty 11B (Infantryman).  He was assigned to the 1st Battalion, 325th Infantry, 82nd Airborne Division, Fort Bragg, NC, on 4 June 1999.  He attained the rank of specialist (SPC)/E-4 on 5 January 2001.

3.  He was honorably released from active duty on 5 January 2002 in the rank of SPC and he was transferred to the 1st Battalion, 293rd Infantry, Fort Wayne, IN, Army National Guard.  He completed 3 years, 2 months, and 1 day of net active service.

4.  Item 12f (Foreign Service) of the DD Form 214 he was issued shows the entry "0000  00  00."

5.  His DD Form 214 also shows he was authorized the following decorations:

* Army lapel button
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge

6.  Item 18 (Remarks) of his DD Form 214 does not reflect any deployment to a foreign country.

7.  In an email received from the Defense Finance and Accounting Service (DFAS) on 28 November 2012, a DFAS official confirmed the applicant received hazardous fire/imminent danger pay (HF/IDP) for service in:

* Haiti, from 8 July to 29 September 1999 (2 months and 24 days)
* Macedonia/Kosovo, from 26 January to 12 June 2001 (4 months and 18 days)

8.  His records are void of any derogatory information and do not contain a commander's disqualification or record of a court-martial conviction or other adverse action that would disqualify him for award of the Army Good Conduct Medal. 

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

	a.  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.  

	b.  In instances of disqualification for the Army Good Conduct Medal as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the affected individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for permanent filing in the individual’s Army Military Human Resource Record

	c.  The Armed Forces Service Medal is authorized to U.S. military participants in the following operations in Haiti:  (1) United Nations Mission in Haiti; (2) U.S. Forces Haiti; and (3) U.S. Support Group Haiti, from 1 April 1995 to 31 January 2000.

	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 designated operations.  One bronze service star will be worn for participation in each campaign.  During his service in Kosovo, he participated in the Kosovo Defense Campaign (11 June 1999 to a date to be determined).

	e.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

	f.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.  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.

10.  Army Regulation 635-5 (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 in item 12f enter the total number of years, months, and days of foreign service a Soldier completed during the period covered by the DD Form 214.  In item 18, for an active duty Soldier deployed to a foreign country, enter "SERVICE IN (Name of Country Deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Haiti during a qualifying period for award of the Armed Forces Service Medal and in Kosovo during a qualifying period for award of the Kosovo Campaign Medal with one bronze service star.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  His record shows he served honorably from 5 November 1998 through 5 January 2002.  He served in Haiti and Kosovo, and attained the rank of SPC.  His record is void of any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show this award.

3.  He served during a qualifying period for award of the National Defense Service Medal and the Global War on Terrorism Service Medal, neither of which are shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  He received HF/IDP for deployment to Haiti from 8 July to 28 September 1999 (2 months and 24 days) and to Macedonia/Kosovo from 26 January to 12 June 2001 (4 months and 18 days, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these deployments and his 7 months and 12 days of foreign service.

5.  With respect to orders for the Armed Forces Service Medal and the Kosovo Campaign Medal, individual orders are not published for these awards.  Entitlement to these awards is based on the applicant's service in each respective country. 




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:

* Awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 5 November 1998 through 4 November 2001
* Adding to item 12f of his DD Form 214 the entry "0000 07 12"
* Adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Armed Forces Service Medal
* Kosovo Campaign Medal with one bronze service star
* National Defense Service Medal
* Global War on Terrorism Service Medal

* Adding to item 18 of his DD Form 214 the entries "SERVICE IN HAITI FROM 19990708-19990928" and "MACEDONIA/KOSOVO FROM 20010126-20010612

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 to orders for the Armed Forces Service Medal and the Kosovo Campaign Medal.


      _______ _   __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)                                         AR20120009921





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ABCMR Record of Proceedings (cont)                                         AR20120009921



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