BOARD DATE:	  20 March 2014

		DOCKET NUMBER:  AR20130012827 


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:

* Overseas Service Ribbon (OSR) (2nd Award)
* Army Commendation Medal (ARCOM)
* Army Achievement Medal (AAM)
* Army Good Conduct Medal (AGCM)
* Global War on Terrorism Service Medal (GWOTSM)
* North Atlantic Treaty Organization (NATO) Medal

2.  He states all medals had not been provided to him when his DD Form 214 was created.  The OSR (2nd Award) was not included for completion of a tour in Kosovo.  The GWOTSM was established 6 months after he separated from active duty, but he is authorized the medal per Army Regulation 600-8-22 (Military Awards), paragraph 2-19.

3.  He provides:

* DD Form 214
* DA Form 31 (Request and Authority for Leave)
* AGCM Certificate
* ARCOM Certificate
* AAM Certificate
* two DA Forms 638 (Recommendation for Award)
* NATO Medal Certificate
* orders 
* Service Member Deployment History - Outprocessing Verification

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.  On 29 October 1998, the applicant enlisted in the Regular Army for a period of 4 years.  After completing initial entry training, he was awarded military occupational specialty 75H (Personnel Services Specialist), and he was assigned to duty in Germany.  

3.  On 28 October 2002, he was honorably released from active duty in Germany.  His DD Form 214 shows in:

* item 12f (Foreign Service) – 3 years, 5 months, and 15 days
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 

* National Defense Service Medal
* Army Service Ribbon
* OSR
* Kosovo Campaign Medal (KCM)

* item 18 (Remarks) – "SERVICE IN MACEDONIA--20000427 to 20001104"

4.  He provides:

	a.  undated and unnumbered Permanent Orders issued by Headquarters, 1st Personnel Command, deploying Task Force 90 to Skopje, Macedonia, and an attached list of personnel that includes his name;

	b.  an AAM Certificate showing he was awarded the AAM by Permanent Order 290-14, dated 16 October 2000, issued by Headquarters, 90th Personnel Services Battalion, Baumholder, Germany; 

	c.  a NATO Medal Certificate showing he was awarded the NATO Medal for service with NATO on operations in relation to Kosovo during the period April to November 2000; 

	d.  Permanent Orders 253-21, dated 10 September 2001, issued by B Detachment, 55th Personnel Service Battalion, Darmstadt Squad, which awarded him the AGCM (1st Award) for the period 29 October 1998 through 28 October 2001; and 

	e.  an ARCOM Certificate showing he was awarded the ARCOM by Permanent Order 259-02, dated 16 September 2002, issued by Headquarters, 1st Personnel Command, Schwetzingen, Germany.

5.  Army Regulation 600-8-22 (Military Awards) states all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the OSR for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

6.  The website of the Awards and Decorations Branch (ADB), U.S. Army Human Resources Command, includes a Frequently Asked Questions page for the OSR.  It states, in pertinent part, that when a Soldier is serving outside of the continental United States (OCONUS) on a prescribed tour and is deployed OCONUS on temporary duty/temporary change of station status, the original prescribed tour is not interrupted and the Soldier may receive credit for two tours provided he/she is awarded tour completion credit.

7.  The Joint Federal Travel Regulations, Appendix Q, Part I, defines OCONUS tour lengths for Department of Defense Service members.  It states the length of an unaccompanied tour in Skopje, Macedonia, is 12 months.

8.  Army Regulation 600-8-22 states operations related to Kosovo (13 October 1998 to a date to be determined) have been approved by the Secretary of Defense for acceptance and wear of the NATO Medal.  

9.  Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  

10.  Army Regulation 600-8-22 states a bronze service star is authorized for wear on the KCM for participation in the Kosovo Defense Campaign (11 June 1999 to 31 December 2013).  The area of eligibility (AOE) for the Defense Campaign includes Macedonia.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the ARCOM, AAM, and AGCM (1st Award).  He is entitled to correction of his DD Form 214 to show these awards.

2.  He completed a period of service qualifying for award of the GWOTSM.  He is entitled to correction of his DD Form 214 to show this award.

3.  He was awarded the NATO Medal for operations related to Kosovo.  He is entitled to correction of his DD Form 214 to show this award.

4.  He was awarded the KCM and he participated in the Kosovo Defense Campaign.  He is entitled to correction of his DD Form 214 to show one bronze service star for wear with his previously-awarded KCM.

5.  He states he served in Kosovo, but his record shows he actually served in Macedonia in support of Kosovo operations.  Although the OSR is authorized for OCONUS deployed service that occurs during a regular OCONUS tour, the individual must receive tour completion credit for the deployed service to receive the OSR.  In this case, the applicant did not complete the 12 months of service required to receive tour completion credit for Macedonia.  Therefore, he is not entitled to the OSR (2nd Award).  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  __X______  __X__  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by making the following deletion from and additions to item 13 of his DD Form 214:

	a.  delete the KCM and

	b.  add the –

* ARCOM
* AAM
* AGCM (1st Award)
* KCM with one bronze service star
* GWOTSM
* NATO Medal

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the OSR (2nd Award).  



      _______ _  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)                                         AR20130012827





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ABCMR Record of Proceedings (cont)                                         AR20130012827



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