PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:              3 July 2003                  
	DOCKET NUMBER:     AR2003084687

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor 		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Patrick H. McGann		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                            records
	Exhibit B - Military Personnel Records (including
	                  advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that the rank listed on his separation document (DD Form 214) be corrected to read specialist /E-4 (SPC/E-4) vice private/E-2 (PV2/E-2), as is currently listed; and that the foreign service entry in his DD Form 214 be corrected to reflect the time he served in Kosovo.  

3.  The applicant states, in effect, that his 25 August 2000 DD Form 214 does not show his foreign service in Kosovo, and that it incorrectly lists his rank as 
PV2/E-2.  In support of his application, he submits copies of the following documents:  Defense Finance and Accounting Service (DFAS) Military Leave and Earning Statement (LES); separation orders; recommendation for award 
(DA Form 638); and DD Form 214.

4.  The applicant’s military records show that on 26 September 1997, he entered the Army for a period of 3 years.  On 25 August 2000, he was honorably released from active duty (REFRAD) in order to attend school.  At the time of his separation, he had completed 2 years and 11 months of active military service.

5.  The DD Form 214, issued to and signed by the applicant on 25 August 2000, the date of his separation, shows that he held the rank and pay grade of PVT/E-2 at that time.  Item 12f (Foreign Service) contains the entry 0 years, 0 months, and 0 days, which indicates he completed no foreign service during his active duty tenure. 

6.  The applicant provides a copy of Orders Number 156-0252, dated 4 June 2000, issued by 82nd Soldier Support Battalion, 82nd Airborne Division, Fort Bragg, which directed his reassignment to the transition center for separation processing.  These orders listed his rank as SPC.  He also includes a copy of his final LES, dated 25 August 2000.  This document confirms that he received his final pay and entitlements as a SPC/E-4. 

7.  The applicant also provides a copy of a DA Form 638, dated 18 January 2000, which confirms he was awarded the Army Achievement Medal (1st Oak Leaf Cluster), for duties related to his service in Kosovo, from 1 August 1999 through 10 January 2000.  The DA Form 638 listed his rank as SPC/E-4.  In addition, he provides a copy of Permanent Orders Number 218-03, dated 
6 August 1999, issued by Headquarters, and Headquarters Company, 
82nd Airborne Division, Fort Bragg, which directed his assignment to Kosovo, in support of Operation Joint Guardian, effective 11 September 2000.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  Paragraph 2-4, states, in pertinent part, that the time serve by an active duty soldier deployed to a foreign country with his or her unit during their continuous period of active service will be entered in Item 18 (Remarks) of the DD Form 214.

9.  MILPER Message Number 00-180 approved establishment of the Kosovo Campaign Medal for service in support of Operations Allied Force, Joint Guardian, Allied Harbor, Sustain Hope/Shining, and Noble Anvil; or Task Force Hawk, Task Force Saber, or Task Force Hunter.  To be eligible for award of the Kosovo Campaign Medal, an individual must be in a unit participating in or directly supporting the operation for 30 consecutive or 60 nonconsecutive days and/or meet other established criteria.  A bronze service star will worn on this ribbon to denote participation in each authorized campaign.

10.  MILPER Message Number 00-202 approved the acceptance and wear of the North Atlantic Treaty Organization (NATO) Medal for operations related to Kosovo during the period from 13 October 1998 to a date to be determined.  To be eligible for this award, a member must have served 30 days (continuous or accumulated) in the Federal Republic of Yugoslavia (FRY).  The NATO Secretary-General offered a second NATO Medal for Kosovo; however, only one NATO Medal is authorized for wear by U.S. military personnel.  Service members who were awarded the NATO Medal for operations relating to the Republic of Yugoslavia and the NATO Medal for operations relating to Kosovo will wear a bronze service star on the NATO Medal Yugoslavia.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that his DD Form 214 should be corrected to show his rank and pay grade as SPC/E-4 and to reflect his foreign service in Kosovo, and it finds these claims have merit.  

2.  The evidence contains sufficient and compelling evidence to indicate that the applicant actually held the rank and pay grade of SPC/E-4 on the date of his separation.  This evidence includes the orders reassigning him to the transition center for separation processing and his LES that documents his final pay.  In the opinion of the Board, the rank and pay grade listed on his DD Form 214 was in error, and it should be corrected at this time.  

3.  By regulation, time served by an active duty soldier deployed to a foreign country with his or her unit will be entered in Item 18 (Remarks) of the DD Form 214.  The evidence of record confirms that the applicant served in Kosovo from 
6 September 1999 to 10 January 2000.  Thus, the Board concludes that it would be appropriate at this time to add the following entry to Item 18 (Remarks) of his 25 August 2000 DD Form 214:  “Service in Kosovo: from 990906-0201110.” 

4.  In addition, based on his tenure of assignment in Kosovo, the applicant is entitled to the Kosovo Campaign Medal and NATO Medal.  Therefore, the Board concludes it would be appropriate to add these awards to his record at this time.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned held the rank and pay grade of specialist/E-4 on the date of his separation from the Army on 25 August 2000; by adding the entry “Service in Kosovo:  from 990806-020110” to Item 18 (Remarks) of his 25 August 2000 DD Form 214; by showing he is entitled to the Kosovo Campaign Medal and NATO Medal, and by providing him a corrected separation document that reflects these changes.

BOARD VOTE:  

__KN___  __RO__  __PM___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor
		  CHAIRPERSON

INDEX

CASE ID	AR2003084687	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR  	
DISCHARGE REASON		
BOARD DECISION	 DENY	
REVIEW AUTHORITY		
ISSUES         1. 251	120.0000	
2. 302	129.0000	
3.		
4.		
5.		
6.