IN THE CASE OF:	  

		BOARD DATE:	    31 October 2013

		DOCKET NUMBER:  AR20130003577 


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 the Kosovo Campaign Medal and the Commander's Award for Civilian Service.

2.  The applicant states the Kosovo Campaign Medal was not included on his
DD Form 214 at the time of his separation from the Army.  The Commander's Award for Civilian Service was issued prior to his most recent permanent change of station.

3.  The applicant provides a Kosovo Campaign Medal news release and a 
DA Form 1256 (Incentive Award Nomination and Approval).

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 23 June 1997.

3.  On 22 June 2001, he was honorably released from active duty at the completion of required service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 4 years of creditable active service.  His DD Form 214 shows in:

	a.  item 12f (Foreign Service) he completed 3 years, 7 months, and 9 days of foreign service;

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

* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Infantryman Badge
* Parachutist Badge
* Parachutist Badge (German)
* Parachutist Badge (Belgian)

	c.  item 18 (Remarks) does not show his participation in any deployments or named operations.

4.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Bosnia from 31 May through 30 September 1999.

5.  He provides a copy of his Commander's Award for Civilian Service for the period February 2007 through June 2011.

6.  Army Regulation 600-8-22 (Military Awards) provides that the Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who participated in or served in direct support of Kosovo operation(s) after 24 March 1999, among them Operation Joint Guard from 11 June 1999 through a date to be determined.  The area of eligibility for the Defense Campaign includes the total land area and air space of Serbia (including Kosovo), Montenegro, Albania, Macedonia, and selected waters and air space.  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 area of eligibility or for 60 nonconsecutive days provided this support involves entering the operations area of eligibility or meet other established criteria.  One bronze service star is authorized with the Kosovo Campaign Medal for participation in each campaign.  The Kosovo Defense Campaign began on 11 June 1999 and ends on a date to be determined.

7.  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 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 states for:

	a.  item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.

	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)".

8.  Army Regulation 600-8-22 does not list the Commander's Award for Civilian Service as an authorized military decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show the Kosovo Campaign Medal and the Commander's Award for Civilian Service.

2.  The applicant served during a qualifying period of service for entitlement to the Kosovo Campaign Medal.  He also participated in one campaign that entitles him to one bronze service star for wear on this award.  Therefore, his DD Form 214 should be corrected to show the Kosovo Campaign Medal with one bronze service star.

3.  Only awards identified in Army Regulation 600-8-22 and awarded as of the date of separation will be placed on the DD Form 214.  The applicant's 


Commander's Award for Civilian Service was awarded for the period February 2007 to June 2011, well after the ending date of his DD Form 214.  Additionally, there is no provision for adding this civilian award to his DD Form 214.  Therefore, there is no basis for granting this portion of his request.

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 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 BOSNIA FROM 19990531-19990930"

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 adding the Commander's Award for Civilian Service to 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)                                         AR20130003577



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ABCMR Record of Proceedings (cont)                                         AR20130003577



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