BOARD DATE:	  22 August 2013

		DOCKET NUMBER:  AR20120022905 


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 foreign service in Kosovo.

2.  He states he was deployed to Kosovo in support of Operation Joint Guardian from November 1999 through June 2000, but it is not reflected on his DD Form 214.  He contends he has Post-Traumatic Stress Disorder, but his claim for medical benefits was returned because his DD Form 214 does not show his deployment to Kosovo.

3.  He provides

* Unit deployment orders
* Unit redeployment orders
* DD Form 1351-2 (Travel Voucher or Subvoucher)

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 6 August 1997.  He was trained in and awarded military occupational specialty 63W (Wheeled Vehicle Repairer).
He was honorably released from active duty on 20 June 2002.  He was stationed in Germany for the vast majority of his active duty service.

3.  The applicant provides Headquarters, 1st Infantry Division Support Command, Orders 605-1, dated 1 November 1999, which show the 201st Forward Support Battalion (FSB) was attached to Task Force Falcon 1st Infantry Division (-).  These orders further stipulated units would begin deploying on or about 17 November 1999 from Germany through France, Italy and Greece, to the former Yugoslav Republic of Macedonia to conduct Peace Keeping Operations in support of Operation Joint Guardian in Kosovo under the operational control (OPCON) of the North Atlantic Treaty Organization (NATO).  He also provides a deployment manifest bearing his name.

4.  The applicant's record contains Logistical Task Force 201st, Task Force Falcon, Permanent Orders 123-31, dated 2 May 2000, which show the applicant was awarded the Driver and Mechanic Badge for wheeled vehicles (Driver - W) for driving a vehicle for 12 months or 8,000 miles, without any accidents or traffic violations during the period 1 April 1999 through 1 April 2000.

5.  The applicant's record contains a DA Form 4980-18 (Army Achievement Medal (AAM) Certificate) which shows Logistical Task Force 201, Task Force Falcon, Permanent Orders 138-18, dated 17 May 2000, awarded him the AAM for meritorious achievement while assigned to B Company, Logistical Task Force 201, Operation Joint Guardian II, Task Force Falcon, Kosovo, during the period 15 November 1999 to 15 June 2000.

6.  The applicant provides Headquarters, 1st Infantry Division Support Command, Orders 605-1, dated 8 June 2000, which show the 201st FSB units: (A Company, B Company, C Company, and Headquarters and Headquarters Detachment) would detach from Task Force Falcon 1st Infantry Division (-).  These orders further stipulated units would redeploy personnel to Germany on or about 15 June 2000 through France, Italy and Greece, and the former Yugoslav Republic of Macedonia from Peace Keeping Operations conducted in support of Operation Joint Guardian in Kosovo under the OPCON of NATO.  He also provides a deployment manifest bearing his name.

7.  The applicant provides a DD Form 1351-2, which indicates he filed a travel voucher for travel and temporary duty from Vilseck, Germany through Camp Able Sentry to the Port of Greece and return during the period 16 November 1999 through 17 June 2000.  This form is not signed by an approving officer and does not appear to have been processed by a finance office.

8.  The applicant's DD Form 214 shows in:

	a.  item 12f (Foreign Service), the entry "0003  03  03" indicating he completed 3 years, 3 months, and 3 days of foreign service during the period covered by the DD Form 214;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the:

* Army Good Conduct Medal
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon

	c.  item 18 (Remarks), no deployment entries.

9.  The Defense Finance and Accounting Service (DFAS) confirmed that the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for deployment to Macedonia from 20 November 1999 through 17 June 2000, a period of 6 months and 29 days.

10.  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 Operation Joint Guardian (11 June 1999 through a date to be determined).  Army Regulation 600-8-22 further states 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 areas of eligibility (AOE).  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.

11.  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.  In establishes standardized policy for the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states that for:

	a.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier’s records.  Do not use abbreviations.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his deployment to Kosovo was carefully considered and determined to have merit.

2.  DFAS confirmed the applicant received HF/IDP and CZTE associated with deployments to Macedonia from 20 November 1999 through 17 June 2000; a period of 6 months and 29 days.  Therefore, his DD Form 214 should be corrected to show to specifically show this deployment information.

3.  Evidence shows the applicant completed a qualifying period of service for entitlement to the Kosovo Campaign Medal with one bronze service star.  Therefore, his DD Form 214 should be corrected to show this service medal.

4.  Additionally, permanent orders awarded him the Driver and Mechanic Badge for wheeled vehicles (Driver - W).  Therefore, he is entitled to correction of his DD Form 214 to show this badge.


BOARD VOTE:

____X___  ____X___  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 Kosovo Campaign Medal with one bronze service star and the Driver and Mechanic Badge for wheeled vehicles (Driver - W) to item 13 of his DD Form 214; and

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KOSOVO FROM 19991120 - 20000617."



      _______ _  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)                                         AR20120022905





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120022905



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1