IN THE CASE OF:	  

		BOARD DATE:	    20 January 2015

		DOCKET NUMBER:  AR20140009721 


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 his pay grade as E-4 and his deployments to Kosovo and Macedonia and his awards of the Army Commendation Medal (ARCOM) and Army Achievement Medal (AAM) as well as his authorized campaign medals.

2.  The applicant states that his DD Form 214 does not accurately reflect that his pay grade was that of an E-4 or his deployments to Kosovo as part of Task Force Falcon and Macedonia or his awards for those deployments and his awards of the ARCOM and AAM. 

3.  The applicant provides a one-page letter explaining his application, a DD Form 214 dated 16 January 2002 showing a character of service of “Honorable,” a National Guard Bureau (NGB) Form 22 (Report of Separation), a letter from a psychologist, a page of photographs, a letter from the National Personnel Records Center, an oath of extension (DA Form 1695), a letter from the Social Security Administration, one page from his separation packet, an internet article regarding the Kosovo Campaign Medal, and three pages from Army Regulation 600-8-22 (Military Awards).

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 was serving in the Alabama Army National Guard as light wheel vehicle mechanic when he enlisted in the Regular Army on 30 September 1998 for a period of 3 years and assignment to Europe.  He was transferred to Vilseck, Germany on 16 October 1998. 

3.  Information received from the Defense Finance and Accounting Service (DFAS) indicates that the applicant was deployed to Macedonia during the periods 19991120 – 20000224 and 20000315 – 20000617.

4.  On 30 October 2000, the applicant went absent without leave (AWOL) and remained absent in desertion until he was apprehended by civil authorities in Pulaski, Tennessee on 20 September 2001 and was returned to military control.

5.  On 12 October 2001, the applicant underwent a mental status evaluation which determined that the applicant was mentally responsible and that there was no mental contraindications for him to be discharged as planned.

6.  On 18 October 2001, nonjudicial punishment was imposed against the applicant for desertion.

7.  On 14 November 2001, the applicant’s commander notified him that he was recommending him for discharge from the service under the provisions of Army Regulation 635-200, paragraph 14-12c, due to misconduct – commission of a serious offense (desertion).

8.  After consulting with defense counsel the applicant waived his rights and elected not to submit a statement in his own behalf.

9.  On 17 December 2001, the appropriate authority (a lieutenant general) approved the recommendation for discharge and directed that he be discharged under other than honorable conditions.  He also directed that the applicant be reduced to the pay grade of E-1.

10.  Accordingly, he was discharged under other than honorable conditions on  16 January 2002, under the provisions of Army Regulation 635-200, paragraph    14-12c, due to misconduct.  He had served 2 years, 10 months, and 9 days of active service and had 318 days of lost time due to AWOL and desertion.  It shows that he was awarded the Army Service Ribbon and Overseas Service Ribbon.  It also shows his rank as Specialist/E-4.

11.  On 28 September 2007, the Army Discharge Review Board (ADRB) denied his request for an upgrade of his discharge.  On 9 September 2008, this ADRB again denied his request for an upgrade of his discharge. 

12.  The applicant provides a DD Form 214 that shows he was separated with an honorable characterization of service.  The record is silent as to why the applicant has a DD Form 214 this discharge when the official record shows he was discharged under other than honorable conditions.  Additionally, his records do not contain orders for awards of the ARCOM, AAM, or any additional awards.  His records also do not contain specific orders related to his deployments.

13.  Army Regulation 600-8-22 states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Army Regulation 600-8-22 states the Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

16.  Army Regulation 600-8-22 states the 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.  

17.  Army Regulation 600-8-22 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.

18.  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)."

19.  Army Regulation 600-8-19 prescribes policies and procedures governing promotion and reduction of Army enlisted personnel.  In pertinent part, it states that when the separation authority determines that a Soldier is to be discharged from the Service under other than honorable conditions, the Soldier will be reduced to the lowest enlisted grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during qualifying periods for awards of the GWOTSM.  Accordingly, it should be added to his DD Form 214.

2.  While the applicant served during the period covered by the NDSM, that award required honorable active service.  The applicant had been AWOL since 30 October 2000, and when he returned after apprehension on 20 October 2001 he was retained in the Army only for the purposed of processing him for discharge for misconduct.  Notwithstanding the DD Form 214 he provides that shows he was given an honorable discharge, which he does not explain, it appears that his service for this award was not honorable.

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

4.  The applicant deployed to Macedonia during the periods 19991120 – 20000224 and 20000315 – 20000617 and is entitled to have those deployments reflects on his DD Form 214.

5.  However, the applicant has not provided and his records do not contain orders awarding him the ARCOM or AAM.  Therefore, in the absence of such orders there is no basis to grant his request to add those awards to his DD Form 214. 

6.  Additionally, the DD Form 214 that is contained in his official records shows his pay grade as an E-4.  Since it appears he was directed to be discharged under other than honorable conditions, he should have been reduced to E-1.  However, until it can be determined which DD Form 214 is correct it cannot be determined which DD Form 214 has the correct rank and so no correction will be made to either one. 

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:

* Adding the awards of the GWOTSM and Kosovo Campaign Medal with one bronze service star to his DD Form 214
* Adding the entry “Service in Macedonia 19991120 – 20000224 and 20000315 – 20000617” to item 18 of his DD Form 214
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 adding awards of the NDSM, ARCOM, and AAM to his DD Form 214 or changing his rank.  



      _______ _   __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)                                         AR20140009721





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ABCMR Record of Proceedings (cont)                                         AR20140009721



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