BOARD DATE: 2 April 2015
DOCKET NUMBER: AR20140013611
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 all of his certificates, medals, and ribbons to include the Overseas Service Ribbon (OSR) and Kosovo Campaign Medal.
2. The applicant states:
* all his certificates, medals, and ribbons are not shown on his DD Form 214
* he lost his original DD Form 214, but he was given a replacement en route to Germany
* he was given the same replacement DD Form 214 when he was discharged
* the OSR and Kosovo Campaign Medal are not shown on his DD Form 214
* he deployed to Kosovo from November 2000 to May 2001
3. The applicant provides:
* certificates of training/completion/graduation
* photographs of a Kosovo Campaign Medal ribbon and a food service medal
* DD Form 214
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 24 July 1997 and trained as a food service specialist. He served in Germany from 27 August 2000 until he was discharged on 5 December 2001 for misconduct.
3. His DD Form 214 does not show the OSR or Kosovo Campaign Medal as authorized awards.
4. There is no evidence in the available records that shows he served in Kosovo.
5. Army Regulation 600-8-22 (Military Awards) states the OSR was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.
6. Army Regulation 614-30 (Overseas Service), table 3-2 (Award of Tour Credit and Adjustment of Date Eligible to Return from Overseas/Date of Return from Overseas (DROS)), states a Soldier will be credited with a completed tour and awarded a new DROS if he/she serves less than the normal prescribed overseas tour, and the curtailment is for the convenience of the Government and through no request from or fault of the Soldier.
7. Army Regulation 600-8-22 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 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.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents furnished to each individual separated from the Army and established standardized procedures for preparation and distribution of these documents. It stated only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends all his certificates are not on his DD Form 214. However, the governing regulation states certificates of achievement, letters of appreciation, and similar documents are not listed on the DD Form 214.
2. The evidence of record shows he was discharged for misconduct after serving approximately 15 months in Germany. There is no evidence of record and the applicant did not provide any evidence that shows he successfully completed an overseas tour. Therefore, there is insufficient evidence on which to base adding the OSR to his DD Form 214.
3. Since there is no evidence of record and the applicant did not provide any evidence that shows he served in Kosovo, there is insufficient evidence on which to base adding the Kosovo Campaign Medal to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X_____ __X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20140013611
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ABCMR Record of Proceedings (cont) AR20140013611
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