IN THE CASE OF:	  

		BOARD DATE:	  14 November 2013

		DOCKET NUMBER:  AR20130004333 


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) for the period ending 24 June 2000 to show his overseas deployment, award of the Kosovo Campaign Medal, and any other corrections that would apply to his deployment.

2.  He states he deployed to Tirana, Albania in support of Task Force Hawk in April 1999.  He then deployed into Kosovo in June 1999 and returned to Fort Bragg, NC in September 1999.  Since his unit rapidly deployed to Albania, he never received a copy of his deployment orders or the Kosovo Campaign Medal or any other awards to which he was entitled.  

3.  He provides two DD Forms 214, two DA Forms 638 (Recommendation for Award), and an Enlisted Record Brief (Active Army Enlisted).

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 25 June 1997.  

3.  He provided the following documents:

   a.  DA Form 638, dated 4 November 1999, which shows he was awarded the Army Achievement Medal for meritorious achievement and dedication during the Balkan deployment from 18 April to 15 September 1999.  The citation states, in part, "Private First Class (PFC) [applicant's name] actions and initiative were vital in the successful implementation of the peace process in Kosovo…"
   
   b.  DA Form 638, dated 11 February 2000, which shows he was awarded the Army Commendation Medal as an end of tour award from 17 November 1997 to 24 June 2000.  Part III (Justification and Citation Data) of this form states in part, "Achievement  #2: Deployed with C Company for Operation Joint Guardian where he assisted in the successful implementation of the peace process in Kosovo.  While in Kosovo SPC [applicant's name] participated in numerous mounted and dismounted patrols ensuring the safety of the native Kosovars in the American sector.”

4.  He was honorably released from active duty on 24 June 2000 at the completion of required active service and he was transferred to a Reserve unit  on the next day.  His DD Form 214 shows in:

	a.  item 12f (Foreign Service), he completed no foreign service (0000 00 00).

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), no entry for award of the Kosovo Campaign Medal.

	c.  item 18 (Remarks), no entry showing he was deployed to Kosovo.  

5.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 20 April to 22 September 1999 for service in Albania 
(a period of 5 months and 3 days).  

6.  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 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).  

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 preparation of the DD Form 214.  It states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by 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)."

DISCUSSION AND CONCLUSIONS:

1.  DFAS confirmed the applicant received HF/IDP and CZTE for the period 20 April to 22 September 1999 for service in Albania.  His DA Form 638, dated 4 November 1999, shows he served in support of military operations in Kosovo during the period 18 April to 15 September 1999, which is included in the period he received HFP/IDP and CZTE.  Therefore, his DD Form 214 for the period ending 24 June 2000 should be corrected to reflect his deployment to Albania/Kosovo from 20 April to 22 September 1999.

2.  He served a period of qualifying service for award of the Kosovo Campaign Medal and correction of his DD Form 214 for the period ending 24 June 2000 to show this medal.

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 the DD Form 214 for the period ending 24 June 2000 of the individual concerned be corrected by adding:

	a.  the entry "0000 05 03" to item 12f;

	b.  award of the Kosovo Campaign Medal to item 13; and 

	c.  the entry "SERVICE IN ALBANIA/KOSOVO FROM 20 APRIL TO 22 SEPTEMBER 1999" to item 18.




      _______ _   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)                                         AR20130004333





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ABCMR Record of Proceedings (cont)                                         AR20130004333



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