IN THE CASE OF:	  

		BOARD DATE:	  6 January 2015

		DOCKET NUMBER:  AR20140008022 


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:

* medals and campaign ribbons associated with his deployments to Kosovo and Kuwait
* his foreign service and deployments to Kosovo and Kuwait

2.  The applicant states:

* his deployment medals and campaign ribbons are incorrect on his DD Form 214
* he was deployed in support of Operation Enduring Freedom (OEF)
* he was awarded a combat ribbon for his service in Kosovo and it is not shown on his DD Form 214
* his DD Form 214 is in error because he was discharged quickly and the staff preparing it was overwhelmed with work
* he was not given an opportunity to review his DD Form 214 before it was finalized

3.  The applicant provides no additional evidence.

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 28 June 1999.

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

* item 5 (Oversea Service) – Germany from 2 December 1999 through 30 August 2001
* item 35 (Record of Assignments) – 501st Military Police Company, Bad Kreuznach, Germany, from 7 December 1999 through 30 August 2001

4.  His records contain an Army Commendation Medal Certificate that shows 2d Brigade, 1st Cavalry Division, Permanent Orders Number 50-14 awarded him the Army Commendation Medal for meritorious achievement while deployed to Kuwait and Afghanistan from 14 November 2001 to 4 April 2002 while assigned to the 545th Military Police Company, 1st Cavalry Division.

5.  On 17 September 2002, he was honorably discharged.  His DD Form 214 shows in:

* item 12f (Foreign Service) – 0001  08  29
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) –

* Army Lapel Button
* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Pistol Bar and Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

6.  His Master Military Pay Account maintained by the Defense Finance and Accounting Service (DFAS) shows he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in:

* Kuwait for the period 3 June 2000 through 31 December 2000
* Kuwait for the period 17 November 2001 through 1 April 2002

7.  His records are void of and he failed to provide any evidence showing a deployment to Kosovo.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	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, 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.

	b.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the 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 or 60 nonconsecutive days are authorized award of the Global War on Terrorism Service Medal.

	c.  The Afghanistan Campaign Medal is awarded to members who served in direct support of OEF.  The AOE encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 11 September 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns, in part, are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It stated for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* 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)"

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was deployed to Kuwait and Afghanistan from 14 November 2001 to 4 April 2002.  Therefore, he is entitled to award of the Afghanistan Campaign Medal with two bronze service stars and correction of his DD Form 214 to show this award.

2.  The applicant served a qualifying period for award of the Global War on Terrorism Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  DFAS confirmed the applicant received HFP/IDP and CZTE associated with his deployments to Kuwait from 3 June 2000 through 31 December 2000 and Kuwait and Afghanistan from 17 November 2001 through 1 April 2002.  Therefore, he is entitled to correction of his DD Form 214 to show these deployments and foreign service credit.

4.  Although the applicant states he was deployed to Kosovo, his records are void of and he failed to provide evidence showing this deployment.  Therefore, there is insufficient evidentiary basis to grant the requested relief.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* deleting the entry "0001  08  29" from item 12f of his DD Form 214
* adding the entry "0002  01  14" to item 12f of his DD Form 214
* adding the following awards to item 13 of his DD Form 214 –

* Global War on Terrorism Service Medal
* Afghanistan Campaign Medal with two bronze service stars

* adding the following statements to item 18 of his DD Form 214 –

* "SERVICE IN KUWAIT FROM 20000603-20001231"
* "SERVICE IN KUWAIT/AFGHANISTAN FROM 20011117-20020401"

2.  The Board further determined 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 awards and deployment credit for service in Kosovo.



      ___________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)                                         AR20140008022



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ABCMR Record of Proceedings (cont)                                         AR20140008022



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