IN THE CASE OF:	  

		BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140004535 


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 service in Kosovo.

2.  The applicant states his DD Form 214 does not reflect his foreign service performed in Kosovo and the related awards based on this service.

3.  The applicant provides:

* North Atlantic Treaty Organization (NATO) Medal Certificate
* DD Form 214
* Veteran's Personal Data Information Sheet

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 initially served in the Regular Army (RA) from 20 March 1991 to 17 March 1995.  On 10 October 2000, he reenlisted in the RA and served in military occupational specialty 63J (Quartermaster and Chemical Equipment Repairer).

3.  His DA Form 2-1 (Personnel Qualification Record) contains no entries in 
Item 5 (Oversea Service).

4.  The applicant continued to serve on active duty until he was discharged on 6 March 2002, having completed 1 year, 4 months, and 27 days of creditable active duty military service for the period 10 October 2000 to 6 March 2002.  The applicant's DD Form 214 issued at the time shows in:

	a.  Item 12f (Foreign Service) the entry "0000 00 00," which indicates he did not completed any foreign service during this period of active duty service.

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Oversea Service Ribbon

	c.  Item 18 (Remarks) does not show service in a designated hostile fire/
imminent danger pay (HF/IDP) area.

5.  The applicant submitted a certificate that shows he was awarded the NATO Medal for his service with NATO Operations in relation to Kosovo during 9 May to 6 November 2001.

6.  The Defense Finance and Accounting Service (DFAS) records show the applicant received HF/IDP for service in Macedonia during the period 9 May to
6 November 2001, which totals 5 months and 28 days of foreign service during this deployment. 

7.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;

	b.  item 13, enter all awards and decorations for all periods of service and each entry will be verified by the Soldier's records; and

	c.  item 18 for an active duty Soldier deployed to a foreign country 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)."

8.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

   a.  Paragraph 2-15 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 Allied Force (24 March 1999 through 10 June 1999); Operation Joint Guardian (11 June 1999 through a date to be determined); Operation Allied Harbour (4 April 1999 through 1 September 1999); Operations Sustain Hope/Shining Hope (4 April 1999 through 10 July 1999); Operation Noble Anvil (24 March 1999 through 20 July 1999); or Kosovo Task Forces Hawk (5 April 1999 through 24 June 1999), Saber (31 March 1999 through 8 July 1999), or Hunter within the Kosovo Air Campaign or Kosovo Defense Campaign areas of eligibility (AOE).  Task Force Falcon was added later.  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 operations AOE or meet one or more of several criteria, including:

* 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

*  while participating in the operation, regardless of time, is wounded or injured and requires medical evacuation from the AOE.

   b.  Paragraph 2-15 also states 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 begin during the Air Campaign (began on 24 March 1999 and ended on 10 June 1999) and continues 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 applicant served in Kosovo from 9 May to 6 November 2001 as indicated on his NATO Medal certificate.  The period of service is consistent with his pay records which show he received HF/IDP for service in Macedonia from 9 May to 5 November 2001.  Therefore, his DD Form 214 should be corrected to show this foreign/combat service.

2.  His periods of service qualify him for award of the Kosovo Campaign Medal and correction of his records to show this award.  Additionally, he participated in the Defense Campaign during his service in Kosovo.  Therefore, he is authorized to wear a bronze service star on the Kosovo Campaign Medal and corresponding correction of his DD Form 214.

3.  He was awarded the NATO Medal which is not shown on his DD Form 214.  Therefore, this medal should be added to 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 be corrected by:

   a.  deleting from item 12f of his DD Form 214 for the period ending 6 March 2002 the entry "0000-00-00" and replacing it with the entry "0000-05-28;"

	b.  adding to item 13 of his DD Form 214 for the period ending 6 March 2002 the NATO Medal and Kosovo Campaign Medal with one bronze service star;

	c.  adding to item 18 of his DD Form 214 for the period ending 6 March 2002 the entry "SERVICE IN KOSOVO 20010509 - 20011106"; and

	d.  issuing him a corrected document to reflect each of these corrections.



      ____________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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