IN THE CASE OF:  	  

		BOARD DATE:  21 July 2015	  

		DOCKET NUMBER:  AR20140020477 


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 service in Kosovo.

2.  The applicant states that he served in Kosovo in 2001; however, his DD Form 214 does not reflect that service. 

3.  The applicant provides a copy of his 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 3 September 1998 for a period of 4 years and training as a cannon crewman.  He completed his one-station unit training at Fort Sill, Oklahoma and was transferred to Fort Stewart, Georgia for hiss first and only assignment.

3.  He deployed to Kosovo during the period 14 May 2001 to 17 November 2001
 a period of  6 months and 1 day.

4.  On 2 September 2002, he was honorably released from active duty (REFRAD) due to completion of required service.  He had served 4 years of active service and his DD Form 214 issued at the time of his REFRAD shows that he had no foreign service in item 12f and shows he was awarded the Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon and his marksmanship badges.

5.  Army Regulation 600-8-22 (Military Awards) 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, 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 GWOTSM.  The GWOTSM may be awarded posthumously.  Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded. 

6.  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.

7.  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  also served during a qualifying period for award of the GWOTSM.  Accordingly, it should be added at this time.

3.  The applicant served in Kosovo during the period 14 May 2001 to 17 November 20011 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:

* Deleting the entry “0000  00  00” from item 12f of his DD Form 214
* Adding the entry “0000  06  04” to item 12f of his DD Form 214
* Adding award of the KCM with one bronze service star and GWOTSM to item 13 of his DD Form 214
* Adding to item 18 of his DD Form 214 the entry "Service in Kosovo 20010514 – 20011117"

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)                                         AR20140020477





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ABCMR Record of Proceedings (cont)                                         AR20140020477



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