IN THE CASE OF:	   

		BOARD DATE:	  6 November 2014

		DOCKET NUMBER:  AR20140004871 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he was awarded the Kosovo Campaign Medal for his service with Task Force Falcon in Kosovo during the period 21 June 1999 to 1 August 1999.

2.  The applicant states that he was awarded the Army Achievement Medal (AAM) for his service in Kosovo.

3.  The applicant provides a copy of his approved AAM, DD Form 214 and a Department of Defense News Release regarding the approval of the Kosovo Campaign Medal.

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 30 May 1997 for a period of 5 years and training as a counter-intelligence agent.  He completed his basic training at Fort Jackson, SC and his advanced individual training at Fort Huachuca, AZ before being transferred to Germany.

3.  On 1 July 1999, Permanent Orders Number 182-1 issued by Headquarters, 309th Military Intelligence Brigade awarded the applicant the Driver Badge (i.e., the Driver and Mechanic Badge).

4.  On 6 August 1999, the applicant was awarded the AAM for achievement during the period 21 June to 1 August 1999 as part of Task Force Falcon in Kosovo.

5.  On 24 August 2000, Permanent Orders Number 237-97 issued by B Detachment, 18th Personnel Services Company at Fort Bragg, North Carolina awarded the applicant the Army Good Conduct Medal (AGCM) 1st Award.

6.  Permanent Orders Number 038-24 issued by Headquarters, 7th Special Forces Group at Fort Bragg awarded the applicant the Army Commendation Medal (ARCOM) for the period 14 February 2000 – 28 May 2003.

7.  On 29 May 2003, the applicant was honorably released from active duty (REFRAD) due to completion of required service.  He had served 6 years of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the AAM, National Defense Service Medal (2nd Award), Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with rifle bar, and Parachutist Badge.

8.  Information received from the Defense Finance and Accounting Service (DFAS) officials indicates that the applicant received Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exclusion for the period 19990415 – 19990804.

9.  Army Regulation 600-8-22 (Military Awards) states the Kosovo Campaign Medal (KCM) 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, including Operation Allied Force (24 March 1999 through 10 June 1999) area of eligibility (AOE).  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 operation's AOE or meet one or more of several other, specified criteria.  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.

10.  Army Regulation 635-5 at the time served as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following entry will be made in item 18 (Remarks):  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during a qualifying period for award of the KCM with one bronze service star and is entitled to have that award added to his DD Form 214.

2.  The applicant was also awarded the ARCOM, GCMDL (1st Award), and Driver and Mechanic Badge in orders that were omitted from his DD Form 214 at the time of his REFRAD.  Accordingly, they should be added at this time.

3.  The applicant served in Kosovo during the period 19990415 – 19990804 and is entitled to have that information reflected in the remarks section of his DD Form 214.

BOARD VOTE:
___ x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Adding to his DD Form 214 the KCM with one bronze service star, ARCOM, AGCM (1st Award), and Driver and Mechanic Badge with Driver-W Bar
* Adding to item 18 of his DD Form 214 the entry "Service in Kosovo 19990415 – 19990804"

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20140004871





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ABCMR Record of Proceedings (cont)                                         AR20140004871



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