BOARD DATE:	  24 January 2013

		DOCKET NUMBER:  AR20120011724 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to:

* add her foreign/combat service in Kosovo
* add awards of the Kosovo Campaign Medal, Overseas Service Ribbon, and all other awards to which she is entitled

2.  The applicant states, in effect, she served in Kosovo from 1 July 1999 to 30 September 1999; however, this foreign service was not listed on her DD Form 214.  In addition, her Kosovo Campaign Medal and Overseas Service Ribbon for service in Germany are also missing from her DD Form 214.  

3.  The applicant provides two copies of her DD Form 214 and an eligibility report from the Department of Veterans Affairs (VA), dated 3 December 2010.

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 20 May 1997.  She completed basic combat and advanced individual training and was awarded military occupational specialty 92G (Food Service Specialist).  The highest rank/grade she attained while serving on active duty was specialist/E-4.

3.  Her DA Form 2-1 (Personnel Qualification Record) shows she was assigned to Germany from 26 October 1997 to 25 October 1999 and served with Headquarters and Headquarters Company, 121st Signal Battalion, Kitzingen, Germany.  

4.  She was discharged from active duty under the provisions of chapter 10 of Army Regulation 635-200 (Enlisted Separations) on 24 November 1999.  She received an under other than honorable conditions discharge which was later upgraded to general under honorable conditions.  At the time of her discharge her rank/grade was listed as private/E-1. 

5.  Her DD Form 214 shows in:

* Item 12f (Foreign Service) - the entry "0002  00  29"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - Army Service Ribbon
* Item 18 - no entry pertaining to combat service in Kosovo

6.  An email, dated 28 June 2012, received from the Defense Finance and Accounting Service (DFAS) confirmed she received hazardous fire/imminent danger pay (HF/IDP) for service in Macedonia, from 29 June 1999 to 2 September 1999.

7.  President Clinton approved establishment and award of the Kosovo Campaign Medal to recognize the accomplishments of military service members who participated in or were in direct support of the Kosovo operations within established areas of eligibility (AOE).  Individuals authorized the Kosovo Campaign Medal must have participated in or served in direct support of one or more of the following Kosovo operations: Allied Force, Joint Guardian, Allied Harbor, Sustain Hope/Shining Hope, Noble Anvil, or Kosovo Task Force Hawk, Task Force Saber, or Task Force Hunter within the Kosovo Air Campaign or Kosovo Defense Campaign area of eligibility.  The area of eligibility is the total land area and air space of Serbia (including Kosovo), Montenegro, Albania, Macedonia, and the waters and air space of the Adriatic Sea within 12 nautical miles of the Montenegro, Albania, and Croatia coastlines south of 42 degrees and 52 minutes North latitude.

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

	a.  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) 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.

	b.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.  This regulation further states that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge.

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.  Chapter 2 establishes standardized policy for the preparation of the DD Form 214.  It states that for 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)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record is void of any evidence showing she served in Kosovo; however, her DFAS pay records confirm she received HF/IDP for service in Macedonia from 29 June 1999 to 2 September 1999.  Therefore, she is entitled to correction of her DD Form 214 to add "Service in Macedonia from 19990629-19990902."

2.  Her service in Macedonia meets the criteria for award of the Kosovo Campaign Medal.  Additionally, evidence shows she participated in one campaign during her service in Macedonia.  Therefore, she is entitled to correction of her DD Form 214 to add the Kosovo Campaign Medal with one bronze service star.

3.  The evidence of record shows she completed 24 months of foreign service in Germany; however, she was voluntarily discharged in lieu of a court-martial.  This discharge ended her overseas tour early; therefore, she is not entitled to correction of her DD Form 214 add the Overseas Service Ribbon.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X___  __X______  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding to her DD Form 214 in:

* item 13, the Kosovo Campaign Medal with one bronze service star 
* item 18, the entry "Service in Macedonia from 19990629-19990902"

2.  The Board further determined 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 service in Kosovo and the Overseas Service Ribbon.  



      ___________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)                                         AR20120011724



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ABCMR Record of Proceedings (cont)                                         AR20120011724



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