IN THE CASE OF:	 

		BOARD DATE:	  26 February 2015

		DOCKET NUMBER:  AR20140012350 


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, in effect, his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show:

	a.  Two qualifying military education courses.

	b.  The addition of the following awards:

* Army Commendation Medal (2nd Award)
* North Atlantic Treaty Organization (NATO) Medal
* Kosovo Campaign Medal

2.  The applicant states the items he identifies were unjustly omitted.  This is his third submission; he has not received any response, either positive or negative, to his requests.

3.  The applicant provides:

* NATO Medal award certificate for service in an operation related to the former Yugoslavia for the period 7 May 2001 to 1 December 2001
* Service Member Deployment History Outprocessing Verification, dated 6 February 2002, covering the period 1 July 1998 to 6 February 2002 and showing deployment to Macedonia
* memorandum for record showing the applicant is eligible for the award of the Kosovo Campaign Medal for the period 7 May 2001 to 1 December 2001
* two DA Forms 638 (Recommendation for Award)
* two award certificates for the Army Commendation Medal; both showing permanent order (PO) numbers
* two DA Forms 87 (Certificate of Training)

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 25 August 1997 and, following the completion of basic combat training (BCT) and advanced individual training (AIT), he was awarded military occupational specialty 88N (Traffic Management Coordinator).  The highest rank/grade attained while on active duty was specialist/E-4.

3.  He was honorably released from active duty on 24 February 2002.  His DD Form 214 shows a total creditable active service of 4 years and 6 months.  This form also shows in:

* Item 12f (Foreign Service), the entry "0000-00-00"
* Item 14 (Military Education), the entry "None//Nothing Follows" 
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the Army Good Conduct Medal and National Defense Service Medal
* Item 18 (Remarks) contains no annotations showing any deployments

4.  His records contain an Army Commendation Medal award certificate showing PO Number 037-01, dated 1 February 2002, issued by Headquarters, 101st Corps Support Group for the period 15 June 2000 to 24 February 2002.



5.  The applicant provides:

	a.  An Army Commendation Medal award certificate showing PO Number 315-21, dated 11 November 2001, issued by Headquarters, Task Force Falcon for the period 31 April 2001 to 21 November 2001.

	b.  The document titled Service Member Deployment History shows the applicant was deployed in Macedonia form 1 May 2001 to 31 December 2001.

	c.  The memorandum showing the award of the Kosovo Campaign Medal indicates a qualifying period for participation in the Kosovo Defense Campaign (11 June 1999 to a date to be determined).

	d.  A DA Form 87 showing the successful completion of 40 hours of a Combat Lifesaver Course in October 2000.

	e.  A DA Form 87 showing the successful completion of a four-week course titled Unit Movements Planners Course in August 1999.

6.  According to the Defense Finance and Accounting Service (DFAS), the applicant received Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exclusion for the period 7 May 2001 to 12 November 2001 (6 months and 6 days) for service in Macedonia.

7.  Army Regulation 600-8-22 (Military Awards) prescribes policy and procedures for military awards.  It states:

	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.  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 area of eligibility or for 60 nonconsecutive days provided this support involves entering the operation's area of eligibility or meet one or more of several other, specified criteria.  

	b.  For the Kosovo Campaign Medal, a bronze service star is awarded for each campaign in which a Soldier participates.

	c.  The NATO medal is awarded to military and civilian members of the Armed Forces of the United states for participation in designated NATO operations.  Qualified operations include those related to the former Republic of Yugoslavia (14 November 1995 to a date to be determined) and operations related to Kosovo (13 October 1998 to a date to be determined).

	d.  The National Defense Service Medal 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.  

	e.  The Global War on Terrorism Service Medal 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 designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.  

	f.  The Army Service Ribbon is awarded upon successful completion of initial entry training.  

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance for preparation of the DD Form 214.  It states:

* Item 12f, shows the total active duty performed outside continental United states during the period covered by the DD Form 214
* Item 13, lists all awards and decorations from the Soldier's records
* Item 14, will be taken from the Enlisted Record Brief and will show all formal in-service (full-time attendance) training courses successfully completed during the period covered by the DD Form 214 with duration of at least 1 week or 40 hours; include title, length in weeks, and year completed
* Item 18, for Soldier deployed with his or her unit during their continuous period of active service, enter a statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDDD"

8.  The Army website GoArmy.com shows, in order to be awarded the 88N MOS, a Soldier must complete 6 weeks of Advanced Individual Training.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 does not reflect any foreign service and shows no military education.  Additionally, the awards he contends he is authorized are not on his DD Form 214.

2.  Item 12f of his DD Form 214 does not show foreign service.  DFAS confirms the applicant received Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exclusion for the period 7 May 2001 to 12 November 2001 (6 months and 6 days) for service in Macedonia.  Therefore, item 12f of his DD Form 214 should be corrected to show he completed 6 months and 6 days of foreign service.

3.  He provides the required documents to support the amending of his DD Form 214 to show Army Commendation Medal (2nd Award), Kosovo Campaign Medal with one bronze service star, and NATO Medal.

4.  He has qualifying service to be awarded the National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon.  Therefore, his DD Form 214 should be corrected to show these awards. 

5.  He completed the 40-hour Combat Lifesaver Course in October 2000 and the four-week Unit Movements Planners Course in August 1999.  Therefore, his DD Form 214 should be corrected to show these training courses. 

6.  His DD Form 214 does not show his successful completion of 88N AIT.  To be awarded this MOS, a Soldier must complete 6 weeks of training.  His year of completion should be shown as 1997, based upon a calculation of completing both BCT and AIT within 16 weeks of his entry on active duty.

7.  He served in Macedonia from 20010507 to 20011112.  Therefore, item 18 of his DD Form 214 should be corrected to show this deployment. 

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 adding the following to his DD Form 214:

	a.  Delete the entry in 12f which shows "0000-00-00" and adding the entry "0000-06-06,"

	b.  Adding to item 13 the following awards:

* Army Service Ribbon
* Army Commendation Medal (2nd Award)
* National Defense Service Medal
* Kosovo Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal
* NATO Medal

c.  deleting from item 14 the current entry and adding:

* 88N Traffic Management Coordinator Course, 6 weeks, 1997
* Unit Movements Planners Course, 4 weeks, 1999
* Combat Lifesaver Course, 40 hours, 2000

	d.  Adding in item 18 the entry "Served in designated imminent danger pay area//Service in Macedonia 20010507 to 20011112."




      _______ _   _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)                                         AR20140012350





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ABCMR Record of Proceedings (cont)                                         AR20140012350



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