IN THE CASE OF:	 

		BOARD DATE:	  12 January 2016

		DOCKET NUMBER:  AR20150005274 


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 the Kosovo Campaign Medal be added to his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 29 July 2002.

2.  The applicant makes no statements.

3.  The applicant provides:

* DD Form 214
* his computer generated 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.  On 7 April 1995, he enlisted in the Regular Army for 3 years.  On 30 July 1998, he immediately reenlisted for military occupational specialty 55D (Explosive Ordnance Disposal Technician).

3.  His computer generated ERB shows he is authorized the Kosovo Campaign Medal.

4.  On 29 July 2002, he was discharged.  His DD Form 214 does not show he is authorized the Kosovo Campaign Medal.

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  This regulation included a list of authorized source documents to be used when completing a Soldier's DD Form 214.  Included on this list was the ERB (computer generated).

DISCUSSION AND CONCLUSIONS:

According to Army Regulation 635-5 the computer generated ERB was a source document for entries on the DD Form 214.  The applicant's computer generated ERB shows he is authorized the Kosovo Campaign Medal.

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 


adding the Kosovo Campaign Medal to his DD Form 214 with a separation date of 29 July 2002.  
  




      _______ _   _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)                                         AR20150005274





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ABCMR Record of Proceedings (cont)                                         AR20150005274



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