IN THE CASE OF:
BOARD DATE: 23 July 2015
DOCKET NUMBER: AR20140021444
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 award of the Armed Forces Expeditionary Medal for his service in Kosovo and an entry in item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of
24 November 1999 showing his deployment to Kosovo.
2. The applicant states he never received the Kosovo Campaign Medal for his deployment to Albania with Task Force Hawk from April through June 1999. He states the Kosovo Campaign Medal was converted to the Armed Forces Expeditionary Medal as of 1 July 2014.
3. The applicant provides his Leave and Earnings Statements (LES) for the periods 1-31 May 1999, 1-30 June 1999, and 1-31 July 1999.
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. On 6 February 1997, he enlisted in the Regular Army for 3 years.
3. On 30 June 1997, he was assigned to the 4th Battalion, 27th Field Artillery in Germany.
4. His DA Form 2-1 (Personnel Qualification Record) does not show any periods of deployment while he was assigned in Germany.
5. Headquarters, 4th Battalion, 27th Field Artillery Permanent Orders Number 293-4 awarded him the Army Achievement Medal for meritorious achievement while assigned to the 2nd Brigade Combat Team while deployed to Operation Joint Guard and Operation Joint Forge from 1 February to 31 October 1998.
6. On 24 November 1999, he was released from active duty. His DD Form 214 shows he was awarded the Armed Forces Expeditionary Medal.
7. His LES for the period 1-31 May 1999 shows his entitlement for hostile fire pay/combat zone (HFP/CZ) was started on 1 April 1999. The combat zone for entitlement is not shown.
8. His LES for the period 1-31 May 1999 shows his entitlement for HFP/CZ was stopped on 25 Jun 1999. The combat zone for entitlement is not shown.
9. Army Regulation 600-8-22 (Military Awards) 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 Kosovo Task Force Hawk (5 April 1999 through 24 June 1999).
10. Military Message Number 13-325 (Campaign, Expeditionary, and Service Medals for the Former Republic of Yugoslavia), issued on 30 October 2013, states effective 31 December 2013 the Kosovo Campaign Medal is no longer authorized for personnel who deploy in support of Operation Joint Guardian and Task Force Falcon. The Kosovo Campaign Medal will transition to the Armed Forces Expeditionary Medal effective 1 January 2014 for personnel serving in the area of eligibility.
DISCUSSION AND CONCLUSIONS:
1. Based on the applicant's period of service he would not be eligible for a second award of the Armed Forces Expeditionary Medal. The Kosovo Campaign Medal was terminated effective 31 December 2013.
2. In view of the above, his record was reviewed for eligibility for the Kosovo Campaign Medal. His official military personnel file (OMPF) does not contain any orders or other official documents showing he was deployed to Kosovo. His LESs show he received HFP/CZ from 1 April - 25 June 1999. However, the LESs do not show the area which qualified him for HFP/CZ.
3. In view of the above, there is insufficient evidence to award him the Kosovo Campaign Medal or add an entry in item 18 of 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 that 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) AR20140021444
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ABCMR Record of Proceedings (cont) AR20140021444
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