IN THE CASE OF:	

		BOARD DATE:	  9 January 2014

		DOCKET NUMBER:  AR20130007127 


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:

* Expert Infantryman Badge
* Kosovo Campaign Medal
* North Atlantic Treaty Organization (NATO) Medal
* Second award of the Army Commendation Medal

2.  The applicant states the requested awards were inadvertently omitted.  

3.  The applicant provides:

* Certificate for award of the NATO Medal
* DA Form 1059 (Service School Academic Evaluation Report)
* DD Form 214
* Orders and certificate for the Expert Infantryman Badge
* Two sets of orders and two certificates confirming two awards of the Army Commendation Medal
* DA Form 638 (Recommendation for Award) confirming award of the Army Achievement Medal
* Photograph of ribbons and/or awards




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's records show he enlisted in the Regular Army on 8 September 1998 and he held military occupational specialty 11B (Infantryman). 

3.  He was honorably released from active duty on 7 July 2002.  His DD Form 214 shows in:

* Item 12f (Foreign Service) - "0000-00-00"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - the:

* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Air Assault Badge

* Item 18 (Remarks) no entry for service in a hazardous fire/imminent danger pay (HF/IDP) area. 

4.  Permanent Orders (PO) Number 136-01, issued by Headquarters, 3rd Battalion, 502nd Infantry, Fort Campbell, KY, on 15 May 2000, awarded him the Army Achievement Medal for service from 3 to 25 April 2000. 

5.  PO Number 319-311, issued by Headquarters, 101st Airborne Division, Fort Campbell, KY, on 14 November 2000, awarded him the Expert Infantryman Badge.

6.  PO Number 201-01, issued by Headquarters, Task Force Falcon, on 20 July 2001, awarded him the Army Commendation Medal for achievement from 5 to 8 July 2001. 

7.  PO Number 239-013, issued by Headquarters, 2nd Brigade, 101st Airborne Division, Fort Campbell, KY, on 27 August 2002, awarded him the Army Commendation Medal for service from September 1998 to September 2002. 

8.  He provides a certificate showing he was awarded the NATO Medal for service with NATO on operations in relation to Kosovo from 11 May 2001 to 16 November 2001. 

9.  An email, dated 8 May 2013, from the Defense Finance and Accounting Service, Indianapolis, IN, confirmed his receipt of HF/IDP for service in Macedonia from 11 May 2001 to 16 November 2001. 

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 states the total amount of foreign service completed during the period covered by the DD Form 214 is entered in item 12f and is obtained from the Soldier's records.  Additionally for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

11.  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).  Task Force Falcon was added later.  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 operations AOE or meet one or more of several criteria, including: 

	a.  be engaged in actual combat, or duty that is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the AOE; and

	b.  while participating in the operation, regardless of time, is wounded or injured and requires medical evacuation from the AOE.  

12.  Army Regulation 600-8-22 also states 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 begin during the Air Campaign (began on 24 March 1999 and ended on 10 June 1999) and continues 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 served in Kosovo from 11 May 2001 to 16 November 2001 as shown on his NATO Medal certificate.  The period of service is consistent with his pay records which show he received HF/IDP for service in Macedonia from 11 May 2001 to 16 November 2001.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign/combat service.

2.  His periods of service qualify him for award of the Kosovo Campaign Medal and correction of his records to show this award.  Additionally, he participated in the Defense Campaign during his service in Kosovo.  Therefore, he is entitled to a bronze service star to be affixed to the Kosovo Campaign Medal and correction of his DD Form 214 to show it.

3.  PO awarded him the Expert Infantryman Badge, two awards of the Army Commendation Medal, and the Army Achievement Medal.  None are shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards. 

4.  He was awarded the NATO Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 








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:

* deleting from item 12f of his DD Form 214 the entry "0000-00-00" and adding "0000-06-06"
* adding to his DD Form 214 the Army Commendation Medal (2nd Award), Army Achievement Medal, NATO Medal, Expert Infantryman Badge, and Kosovo Campaign Medal with one bronze service star
* adding to item 18 of his DD Form 214 the entry "SERVICE IN KOSOVO 20010511 - 20011116"




      _______ _  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)                                         AR20130007127



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ABCMR Record of Proceedings (cont)                                         AR20130007127



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