IN THE CASE OF:	  

		BOARD DATE:	  20 March 2014

		DOCKET NUMBER:  AR20130012054 


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 his military records be corrected to show his service in Kosovo and any awards and decorations to which he may be entitled for this service.  He also requests a discharge upgrade; however, on 19 February 2014, the Army Discharge Review Board (ADRB) denied his request for an honorable discharge.  As this date is too recent for him to have obtained additional evidence to provide to this Board, or to decide if he will request a personal appearance hearing before the ADRB, this portion of his request will not be discussed further in these proceedings. 

2.  The applicant states:

* his records should be corrected to show his service in Operation Joint Endeavor
* he served honorably in Kosovo 
 
3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 215 (Correction to DD Form 214)
* newspaper articles
* photographs of Soldiers in Kosovo
* two eyewitness statements
* excerpt on Kosovo Campaign Medal


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.  Having prior active service in the Regular Army (RA), the applicant enlisted in the RA on 28 April 1998 and served as an indirect fire infantryman.  

3.  Permanent Orders Number 221-127, dated 8 August 2000, show he received the Army Achievement Medal (AAM) for meritorious service during Operation Joint Guardian in Kosovo for the period 22 February 2000 to 31 August 2000.  

4.  He was discharged on 31 January 2002. 

5.  His DD Form 214 shows he was awarded or authorized the:

* AAM (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Noncommissioned Officers Professional Development Ribbon (Primary Level)
* Army Service Ribbon
* Multinational Force and Observers Medal
* Kuwait Liberation Medal (Kuwait)
* Combat Infantryman Badge
* Parachutist Badge
* Air Assault Badge 
* Ranger Tab
* Expert Marksmanship Qualification Badge with Hand Grenade Bar 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with 81mm Mortar Bar  

6.  Item 18 (Remarks) does not show any deployments.
7.  A DD Form 215, dated 27 October 2011, amended his DD Form 214 by adding the Expert Infantryman Badge.

8.  The Defense Finance and Accounting Service (DFAS) shows the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion while deployed to Macedonia from 22 February 2000 to 5 September 2000.

9.  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.  The regulation provides that for 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)."

10.  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 Joint Guardian (11 June 1999 through a date to be determined).  

11.  Army Regulation 600-8-22 further states 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 operation's 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.  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 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 DFAS records and the applicant's AAM orders which show he served in Macedonia/Kosovo from 22 February 2000 to 5 September 2000 are accepted as sufficient evidence with which to amend item 18 of his DD Form 214 to show he served in Kosovo from 22 February 2000 to 5 September 2000.
2.  Based on his service in Kosovo, he is entitled to the Kosovo Campaign Medal with one bronze service star.  Therefore, his DD Form 214 should be corrected 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 all Department of the Army records of the individual concerned be corrected by:

	a.  adding the Kosovo Campaign Medal with one bronze service star to his DD Form 214 and

	b.  adding the entry "SERVICE IN KOSOVO FROM 20000222-20000905" to item 18 of 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)                                         AR20130012054





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ABCMR Record of Proceedings (cont)                                         AR20130012054



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