IN THE CASE OF:
BOARD DATE: 17 October 2013
DOCKET NUMBER: AR20130004116
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Kosovo Campaign Medal.
2. The applicant states:
* he served in Albania from 15 April to 4 July 1999 in support of Operation Allied Force as part of Task Force Hawk
* Executive Order Number 12154, signed by former President Clinton, authorized award of the Kosovo Campaign Medal in May 2000
* he was no longer in the military and as a result, his DD Form 214 does not show this award
3. The applicant provides his:
* DD Form 214
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)
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 (RA) on 28 December 1994.
3. His record contains:
a. Orders Number 105-20, issued by Detachment B, 55th Personnel Services Battalion, dated 15 April 1999, which show he was ordered to deploy in support of Operation Task Force Hawk, effective 15 April 1999; and
b. an Army Achievement Medal (AAM) certificate which shows Permanent Order Number 189-229, issued by Headquarters, 2nd Brigade Combat Team,
1st Armored Division, dated 8 July 1999, awarded him the AAM for meritorious achievement while deployed as part of Task Force Hawk to Tirana, Albania from 8 April to 6 July 1999.
4. On 27 October 1999, he was honorably released from active duty after serving for 4 years, 10 months, and 27 days. The DD Form 214 he was issued does not show award of the Kosovo Campaign Medal. Item 18 (Remarks) of this DD Form 214 shows service in Bosnia from 15 April to 4 July 1999.
5. He submitted a DD Form 215, dated 19 April 2007, which shows item 18 of his DD Form 214 was corrected to show service in Albania from 15 April to
4 July 1999 vice service in Bosnia during this period.
6. Army Regulation 600-8-22 (Military Awards) states the Kosovo Campaign Medal is awarded to members of the Armed Forces of the U.S. who, after 24 March 1999, meet the following criteria:
a. participated in or served in direct support of Kosovo Operations(s) Operation Allied Force (24 March 1999 through 10 June 1999); Operation Joint Guardian (11 June 1999 through a date to be determined); Operation Allied Harbour (4 April 1999 through 1 September 1999); Operations Sustain Hope/Shining Hope (4 April 1999 through 10 July 1999); Operation Noble Anvil (24 March 1999 through 20 July 1999); or Kosovo Task Forces Hawk (5 April 1999 through 24 June 1999), Saber (31 March 1999 through 8 July 1999), or Hunter within the Kosovo Air Campaign or Kosovo Defense Campaign areas of eligibility (AOE).
b. were bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of eligibility or for 60 nonconsecutive days provided this support involved entering the operations' area of eligibility or met certain other specified criteria; and
c. one bronze service star will be worn on the suspension and service ribbon of the Kosovo Campaign Medal 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show the Kosovo Campaign Medal as a result of his service in Kosovo was carefully considered and is supported by the evidence provided.
2. Evidence of record shows he was deployed to Albania during a qualifying period of service for award of the Kosovo Campaign Medal. Therefore, he is entitled to correction of his DD Form 214 to show award of the Kosovo Campaign Medal with one bronze service star.
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
adding to item 13 of his DD Form 214 the Kosovo Campaign Medal with one bronze service star.
_______ _ 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) AR20130004116
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ABCMR Record of Proceedings (cont) AR20130004116
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