IN THE CASE OF:
BOARD DATE: 21 November 2013
DOCKET NUMBER: AR20130018904
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 deployment to Kosovo.
2. The applicant states his deployment was not recorded at the time of his discharge. The error was discovered during a Department of Veterans Affairs (VA) review.
3. The applicant provides copies of:
* DD Form 214, ending on 12 January 2004
* Orders 212-043, Fort Lewis, WA, dated 31 July 1997
* Operation Orders (OPORD) 00-13 (Steady Victory 2), 1st Armored Division, dated 10 May 2000
* Orders 200-018, Detachment C, 55th Personnel Services Battalion, dated 18 July 2000
* DA Form 638 (Recommendation for Award), dated 1 September 2000
* Amended OPORD 00-13 (Steady Victory 2) 1st Armored Division, dated 10 October 2000
* North Atlantic Treaty Organization (NATO) Certificate awarding him the NATO Medal for the period 28 May to 15 November 2000
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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 18 July 1991, the applicant enlisted in the Regular Army (RA).
3. Defense Finance and Accounting Service (DFAS) records show the applicant received hazardous fire and imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for deployment to Macedonia from 28 May to 9 October 2000 (4 months and 12 days).
4. A DA Form 638, dated 1 September 2000, indicates the applicant was awarded the Army Achievement Medal for meritorious achievement in direct support of Operation Joint Guardian from 28 May to 20 August 2000. Permanent Orders Number 313-18, dated 21 September 2000, announced the award.
5. The NATO certificate provided by the applicant indicates that he was awarded the NATO Medal for service with NATO on operations in relation to Kosovo during the period 28 May through 15 November 2000.
6. On 12 January 2004, the applicant was discharged due to completion of required service. His DD Form 214 shows in:
a. Item 12f (Foreign Service) no overseas service;
b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) no entry for the Kosovo Campaign Medal or NATO Medal; and
c. Item 18 (Remarks) no entry pertaining to deployment.
7. 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).
8. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides that Item 18 will contain the following entry for RA Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 ending on 12 January 2004 should be corrected to show his deployment to Kosovo.
2. The available evidence clearly shows the applicant was deployed to Kosovo in support of Operation Joint Guardian from 28 May to 9 October 2000. Therefore, this service and award of the Kosovo Campaign Medal should be shown on his DD Form 214.
3. Further, the available evidence shows he was awarded the NATO Medal, which should also be shown on his DD Form 214.
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, in particular his
DD Form 214 be corrected by:
a. showing in Item 12f 4 months and 12 days;
b. adding in Item 13 the Kosovo Campaign Medal and NATO Medal; and
c. adding in Item 18 "SERVICE IN KOSOVO FROM 20000528 - 20001009."
_______ _ 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.
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