IN THE CASE OF:	  

		BOARD DATE:	  27 October 2015

		DOCKET NUMBER:  AR20150004083 


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 service in Kosovo, the Army Achievement Medal (AAM), and any additional awards he is authorized as a result of his service in Kosovo.  

2.  The applicant states his record does not show his deployment to Kosovo in support of the United Nations/North Atlantic Treaty Organization peacekeeping mission.  He contends he was deployed with the 82nd Airborne Division from November 1999 to February 2000.  He participated in countless mounted and unmounted patrols, as well as guard duties in and around Klokot, Kosovo, and Camp Bondsteel.  Additionally, his DD Form 214 does not show any campaign ribbons, medals, or awards earned during his deployment, including the AAM he received for exemplary service while deployed and volunteering for extra patrols and guard duties.

3.  The applicant provides his DD Form 214 and Enlisted Record Brief (ERB).  

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 stated in his application that he was providing orders as evidence in support of this request; however, no orders were located within the supporting documentation provided.  

3.  The applicant enlisted in the Regular Army on 16 March 1999.

4.  The Defense Finance and Accounting Service (DFAS) records confirm he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Macedonia during the period 30 December 1999 to 4 March 2000, for a total 2 months and 5 days of foreign service during this deployment.

5.  His ERB and his DA Form 2-1 (Personnel Qualification Record) do not show he performed overseas service.  

6.  His Official Military Personnel File (OMPF) includes an AAM Certificate that shows he was awarded the AAM for service in Kosovo in support of Operation Joint Guardian during the period 12 September 1999 to 5 March 2000.

7.  He was discharged on 17 October 2002.  His DD Form 214 does not show foreign service in block 12f (Foreign Service), does not show the AAM or awards authorized for service in Kosovo in block 13 (Decorations, Medals, Citations and Campaign Ribbons Awarded or Authorized), and does not show his deployment to Kosovo in block 18 (Remarks).

8.  Army Regulation 635-5 (Separation Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It provided standardized policy for the preparation of the DD Form 214 and stated:

	a.  in block 12f, enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service this Period); 

	b.  in block 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards); and

	c.  in block 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

9.  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 Joint Guardian (11 June 1999 through a date to be determined) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to reflect his service in Kosovo, the AAM, and any other awards he is authorized as a result of is service in Kosovo.  

2.  His DFAS records show he received HFP/IDP and CZTE for service in Macedonia during the period 30 December 1999 to 4 March 2000 (2 months and 5 days).  His OMPF includes an AAM Certificate that shows he was awarded the AAM for service in Kosovo in support of Operation Joint Guardian during the period 12 September 1999 to 5 March 2000.  Although his service dates in Kosovo/Macedonia shown on the AAM Certificate and in DFAS records are different, the dates shown in DFAS records should be used to document his foreign service in block 12f of his DD Form 214 and to document his deployment in block 18 of his DD Form 214.

3.  The evidence of record confirms he was awarded the AAM for service during the period covered by his DD Form 214; however, the award is not shown on his DD Form 214.  

4.  He served a qualifying period of service for award of the Kosovo Campaign Medal with one bronze service star; however, this award is not shown on his     DD Form 214.  

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 amending his DD Form 214 by:

	a.  adding to block 12f of his DD Form 214 the entry "0000  02  05";

	b.  adding to block 13 of his DD Form 214 the Army Achievement Medal and the Kosovo Campaign Medal with one bronze service star; and 

	c.  adding to block 18 of his DD Form 214 the entry "SERVICE IN MACEDONIA/KOSOVO FROM 19991230-20000304."



      ____________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)                                         AR20150004083



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ABCMR Record of Proceedings (cont)                                         AR20150004083



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