IN THE CASE OF:	 

		BOARD DATE:	  29 May 2014

		DOCKET NUMBER:  AR20130016545 


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:

* his foreign service in Kosovo and Iraq
* the appropriate medals and/or campaign ribbons he is entitled to based on his foreign service

2.  The applicant states he deployed to both Kosovo and Iraq but his deployments are not shown on his DD Form 214.

3.  The applicant provides a certificate and 14 pages of automated leave and earnings statements.

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 19 January 1999 and he held military occupational specialty 96B (Intelligence Analyst).  

3.  He provides a certificate that shows he was awarded the North Atlantic Treaty Organization (NATO) Medal for his service with NATO in Kosovo during the period 30 October 2001 to 6 May 2002.

4.  He was honorably released from active duty on 18 March 2004 and he was transferred to the U.S. Army Reserve.  

5.  The DD Form 214 he was issued shows the following entries in:

* item 12f (Foreign Service) - 0000-00-00
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - National Defense Service Medal and the Army Service Ribbon
* item 18 (Remarks) does not reflect any deployment to a foreign country

6.  In an email received from the Defense Finance and Accounting Service (DFAS) on 10 October 2013, a DFAS official confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) for service in Macedonia/[Kosovo] from 31 October 2001 to 7 May 2002 (6 months and 8 days) and in Kuwait from 10 January to 19 July 2003 (6 months and 10 days).  The specific unit he was assigned to during each deployment is not known.

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

	a.  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.  During his service in Kosovo, he participated in the Kosovo Defense Campaign (11 June 1999 to a date to be determined).

	b.  Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility (AOE), including Kuwait.
	c.  Global War on Terrorism Service Medal (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 (AOE) 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.

	d.  NATO Medal was authorized by the Secretary-General of the North Atlantic Treaty Organization for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by U.S. service members who meet the criteria specified by the Secretary-General of NATO.  To add the NATO Medal to a Soldier's record the Soldier must have been issued a certificate.

8.  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.  Chapter 2 contains guidance for the preparation of the DD Form 214.  It states, in part, in item 12f enter the total amount foreign service completed during the period covered by the DD Form 214 and in item 18, for a Soldier deployed to a foreign country, enter the statement "SERVICE IN (Name of Country Deployed) FROM (inclusive dates for example YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  DFAS confirmed the applicant received HF/IDP for his deployment to Macedonia/Kosovo from 31 October 2001 to 7 May 2002 and to Kuwait from 10 January to 19 July 2003, a total of 1 year and 18 days which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign service.

2.  He served during a qualifying period for award of the Kosovo Campaign Medal with one bronze service star, Global War on Terrorism Service Medal, and the Global War on Terrorism Expeditionary Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  He provided a certificate that confirms he was awarded the NATO Medal, therefore, he is entitled to correction of his DD Form 214 accordingly.

4.  With respect to the correction of his record to show his foreign service in Iraq, DFAS could only verify his service in Kuwait.  The evidence of record does not show and the applicant has not provided any evidence that shows he served in Iraq.  Therefore, he is not entitled to full relief at this time.

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 amending his DD Form 214 as follows:

* deleting the current entry in item 12f and replacing it with the entry "0001-00-18"
* adding to item 13 the Kosovo Campaign Medal with one bronze service star, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the North Atlantic Treaty Organization Medal
* adding to item 18 the entries "SERVICE IN MACEDONIA/KOSOVO FROM 20011031 - 20020507" and "SERVICE IN KUWAIT FROM 20030110 - 20030719" 

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 foreign service in Iraq.  



      _______ _   _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)                                         AR20130016545





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130016545



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1