BOARD DATE:	  30 July 2015

		DOCKET NUMBER:  AR20150000232 


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 his foreign service in Germany. 

2.  The applicant states he served in Germany from 17 July 2000 to 9 July 2002 and from 1 to 13 November 2002.  His DD Form 214 does not accurately show his foreign service. 

3.  The applicant provides:

* DD Form 214 
* Army Commendation Medal Certificate
* Army Achievement Medal Certificate

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’s records show he enlisted in the Regular Army on 22 February 2000 and held military occupational specialty 12B (Combat Engineer).  

3.  His DA Form 2-1 (Personnel Qualification Record) show he served overseas as follows: 

* Germany, 17 July 2000 to 16 August 2000 (1 month) 
* Kosovo, 17 August 2000 to 23 December 2000 (4 months and 7 days)
* Germany, 24 December 2000 to 4 August 2002 (1 year and 7 months); he received overseas tour credit 

4.  He departed Germany on 4 August 2002 en route to the continental United States. He was assigned to the 1st Engineer Battalion, Fort Riley, KS.

5.  He was discharged from active duty on 20 May 2003 under the provisions of chapter 14 of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) with an under other than honorable conditions discharge.  His DD Form 214 shows he completed 3 years, 2 months, and 5 days of net 
active service this period and he had lost time from 1 to 24 April 2003.  This form also shows the following entries:

* Item 12f (Foreign Service) shows the entry “0000-00-00” indicating he did not complete any foreign service
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Commendation Medal, Army Achievement Medal (2nd Award), Kosovo Campaign Medal, Army Service Ribbon, and North Atlantic Treaty Organization Medal 
* Item 18 (Remarks) does not show service in a hostile fire pay/imminent danger pay (HFP/IDP) area

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states:

* Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 
* Item 13, enter all awards and decorations
* Item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" is entered

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

	b.  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 certain operations (Operation Allied Force, Operation Joint Guardian, Operation Allied Harbou, Operations Sustain Hope/Shining Hope, and Operation Noble Anvil, or Kosovo Task Forces Hawk, Saber, or Hunter within the Kosovo Air Campaign or Kosovo Defense Campaign areas of eligibility (AOE).  A member 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 non-consecutive days provided this support involves entering the operations AOE or meet one or more of several other 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 non-consecutive days that begin during the Air Campaign (24 March 1999 to 10 June 1999) and continues into the Defense Campaign (11 June 1999 to 31 December 2013) entitles a member to only one bronze service star.

DISCUSSION AND CONCLUSIONS:

1.  With respect to his foreign service in item 12f, the applicant served in Germany for 1 month (17 July 2000-16 August 2000), Kosovo for 4 months and 7 days (17 August 2000-23 December 2000) and again in Germany for 1 year and 7 months (24 December 2000-4 August 2002) for a total of 2 years and 7 days of foreign service.  Therefore, item 12f of his DD Form 214 should be corrected to reflect this foreign service. 

2.  With respect to his Kosovo service: 

	a.  The applicant served in/deployed to Kosovo from 17 August 2000 to 23 December 2000.  Therefore, item 18 of his DD Form 214 should be corrected to show this deployed service.

	b.  He participated in the Defense Campaign during his service in Kosovo.  Therefore, he is entitled to a bronze service star to be affixed to the Kosovo Campaign Medal and correction of his DD Form 214 to show it.

	c.  He received overseas tour credit for his service in Germany and Kosovo.  Therefore, he is entitled to award of the Overseas Service Ribbon and correction of his DD Form 14 to show it. 

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:

* deleting from item 12f the entry "0000-00-00" and adding "0002-00-07"
* deleting from item 13 the Kosovo Campaign Medal and adding the Overseas Service Ribbon and Kosovo Campaign Medal with one bronze service star
* adding to item 18 the entry "SERVICE IN KOSOVO 20000817-20001223"



      _________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)                                         AR20150000232



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ABCMR Record of Proceedings (cont)                                         AR20150000232



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