IN THE CASE OF:	   

		BOARD DATE:	  6 May 2014

		DOCKET NUMBER:  AR20130015373 


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 Kosovo Campaign Medal, North Atlantic Treaty Organization (NATO) Medal, and Drivers Badge.

2.  The applicant states he was awarded the Drivers Badge on 18 September 2002.  He was deployed with Company A, 1st Battalion, 26th Infantry, in support of Operation Joint Guardian (i.e., Joint Guard) in Kosovo from April 2002 to November 2002.  He believes his DD Form 214 is in error due to a mass amount of Soldiers being discharged when the stop-loss was lifted from the 1st Battalion, 26th Infantry, in July 2003.

3.  The applicant provides copies of the following:

* Travel Orders Number 04-914
* Permanent Orders (PO) Number 261-01
* Memorandum for Record (MFR)
* Kosovo Campaign Medal and NATO Medal certificates
* DD Form 214 (two copies)

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 (RA) on 25 January 1995 and he held military occupational specialty 11M (fighting vehicle infantryman).  He reenlisted in the RA on 31 July 1997.

3.  PO Number 086-70, issued by Bravo Detachment, 38th Personnel Service Battalion, dated 27 March 2001, awarded him the Army Good Conduct Medal (2nd Award) for the period 28 January 1998 through 25 January 2001.

4.  He provided copies of the following:

* Travel Orders Number 04-914, issued by Headquarters, 1st Infantry Division, dated 26 March 2002, deploying him in direct support of Operation Joint Guard in Kosovo for a period not to exceed 179 days, with a proceed date of on or about 1 April 2002
* PO Number 261-01, issued by Task Force, 1st Battalion, 26th Infantry, dated 18 September 2002, awarding him the Drivers Badge with "W" Device for 12 consecutive months of safe and effective operation of wheeled vehicles; he also provided a copy of the resulting MFR
* Kosovo Campaign Medal certificate, dated 27 October 2002, awarding him this award for outstanding service and dedication to the peacekeeping mission in Kosovo
* NATO Medal certificate awarding him this award for service with NATO on operations in relation to Kosovo during the period 30 April 2002 through 3 November 2002

5.  He was honorably discharged from active duty on 30 July 2003.  He was credited with 8 years, 6 months, and 6 days of net active service and 3 years, 6 months, and 24 days of foreign service.  His DD Form 214 lists the:

	Army Commendation Medal			Army Achievement Medal
	Army Good Conduct Medal			National Defense Service Medal
	Army Service Ribbon					Overseas Service Ribbon
	Army Lapel Button

6.  Item 18 (Remarks) of his DD Form 24 does not show he served in support of Operation Joint Guard in Kosovo.

7.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states the DD Form 214 will be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation states in:

* Item 13 – enter all awards and decoration for all periods of service
* Item 18 – for an active duty Soldier deployed to a foreign country with his/her unit during the continuous period of active service, entre the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYUED) FROM (inclusive dates for example, YYYYMMDD – YYYMMDD)"

8.  A staff member of the Defense Finance and Accounting Service verified the applicant served in Kosovo from 2 April through 3 November 2002.

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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 designated operations.  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.

   b.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participate in Global War on Terrorism operations outside of the area of eligibility designated  on or after 11 September 2001 to a future date to be determined. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant served in support of Operation Joint Guard in Kosovo from 2 April 2002 through 3 November 2002 and he was awarded the Kosovo Campaign Medal and NATO Medal.  He completed a qualifying period of service for one bronze service star to be affixed to the Kosovo Campaign Medal. Therefore, he is entitled to correction of his DD Form 214 to show the Kosovo Campaign Medal with one bronze service star and the NATO Medal.

2.  PO awarded him the Army Good Conduct Medal (2nd Award) and Drivers Badge with "W" Device during his period of active duty.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  He is eligible for award of the Global War on Terrorism Service Medal.

4.  Based on the foregoing, item 18 of his DD Form 214 should be amended to show his service in Kosovo from 2 April 2002 through 3 November 2002.

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 his DD Form 214 the Army Good Conduct Medal and adding to his DD Form 214 the:

* Kosovo Campaign Medal with one bronze service star
* NATO Medal
* Army Good Conduct Medal (2nd Award)
* Drivers Badge with "W" Device
* Global War on Terrorism Service Medal









* adding to item 18 of his DD Form 214 the entry, "SERVICE IN KOSOVO FROM 20020402-20021103"



      _______ _   _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)                                         AR20130015373





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ABCMR Record of Proceedings (cont)                                         AR20130015373



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