BOARD DATE: 5 March 2014
DOCKET NUMBER: AR20130011507
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 his deployment to Kosovo.
2. The applicant states he deployed to Kosovo; however, it is not reflected on his DD Form 214.
3. The applicant provides copies of his DD Forms 214 and deployment orders.
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 29 January 1998 He completed his one-station unit training as an infantryman and airborne training at Fort Benning, Georgia and was transferred to Fort Bragg, North Carolina for his first and only duty assignment.
3. He deployed to Kosovo during the period 19990912 20000307 (5 months and 26 days).
4. On 29 January 2002, he was honorably released from active duty (REFRAD) due to completion of required service. He had served 4 years of total active service and was transferred to a U.S. Army Reserve unit in Topeka, Kansas. His DD Form 214 issued at the time of his REFRAD shows that he had no foreign service listed in item 12f and there is no indication of any deployments in item 18.
5. Army Regulation 635-5 (Personnel Separations - 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 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 to a foreign country 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 deployed to Kosovo for a period of 5 months and 26 days during the period 19990912 20000307.
2. Accordingly, his DD Form 214 should be corrected to show his foreign service and deployment.
BOARD VOTE:
___x__ ___x_____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 the entry 0000 00 00 in item 12f of his DD Form 214 for the period ending 28 January 2002
* Adding the entry 0000 05 26 to item 12f of his DD Form 214 for the period ending 28 January 2002
* Adding the entry Service in Kosovo 19990912 20000307 to item 18 of his DD Form 214 for the period ending 28 January 2002
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20130011507
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130011507
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100020426
The evidence of record shows during the period covered by the applicants DD Form 214, he served in support of Operation Joint Guardian in Kosovo from 12 September 1999 to 4 March 2000, a period of 5 months and 23 days. Therefore, he is entitled to the Kosovo Campaign Medal with one bronze service star and correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from...
ARMY | BCMR | CY2005 | 20050004477C070206
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 April 2002 to show his foreign service in Kosovo. The applicant was issued a DD Form 214 for the period ending 22 April 2002 which shows he completed 3 years active military service during the period covered by the report. Army Regulation 635-5 (Separation Documents) directs that foreign service performed during the period covered by the DD Form 214 will...
ARMY | BCMR | CY2013 | 20130016545
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his foreign service in Kosovo and Iraq * the appropriate medals and/or campaign ribbons he is entitled to based on his foreign service 2. He provided a certificate that confirms he was awarded the NATO Medal, therefore, he is entitled to correction of his DD Form 214 accordingly. The evidence of record does not show and the applicant has not provided any evidence that...
ARMY | BCMR | CY2014 | 20140012350
The applicant provides: * NATO Medal award certificate for service in an operation related to the former Yugoslavia for the period 7 May 2001 to 1 December 2001 * Service Member Deployment History Outprocessing Verification, dated 6 February 2002, covering the period 1 July 1998 to 6 February 2002 and showing deployment to Macedonia * memorandum for record showing the applicant is eligible for the award of the Kosovo Campaign Medal for the period 7 May 2001 to 1 December 2001 * two DA Forms...
ARMY | BCMR | CY2012 | 20120009921
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the awards he is entitled to for his deployments to: * Haiti, from July to September 1999 * Kosovo, from January to June 2001 2. Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show this award. As a result, the Board...
ARMY | BCMR | CY2008 | 20080010367
The applicant requests, in effect, that his 4 February 2008 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his service in Germany, Kosovo, and Kuwait/Iraq. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. Therefore, item 18 of the applicant's DD Form 214 should be corrected to show "SERVICE IN MACEDONIA FROM 20030114 - 20030505" and "SERVICE IN KUWAIT/IRAQ FROM 20040214 - 20050210 and 20051016 20061007."
ARMY | BCMR | CY2012 | 20120004954
The applicant provides: * DD Form 214 * Kosovo (Kosovo Force) Identification Card (ID) * military ID card showing his rank and pay grade as SPC/E4 * Article on the 1st Battalion, 32nd Infantry * letter from his commander to his mother postmarked from Kosovo * notarized letter from his mother * previous DD Form 149 (Application for Correction of Military Record) CONSIDERATION OF EVIDENCE: 1. The evidence of record shows the applicant was issued separation orders dated 11 April 2003 showing...
ARMY | BCMR | CY2008 | 20080016634
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 12f the entry "0000 00 00"; b. adding to item 12f of the applicant's DD Form 214 the entry "0000 06 00"; c....
ARMY | BCMR | CY2014 | 20140004535
The applicant continued to serve on active duty until he was discharged on 6 March 2002, having completed 1 year, 4 months, and 27 days of creditable active duty military service for the period 10 October 2000 to 6 March 2002. His periods of service qualify him for award of the Kosovo Campaign Medal and correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item...
ARMY | BCMR | CY2013 | 20130004333
Application for correction of military records (with supporting documents provided, if any). 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. He provides two DD Forms 214, two DA Forms 638 (Recommendation for Award), and an Enlisted Record Brief (Active Army Enlisted).