BOARD DATE: 25 October 2016 DOCKET NUMBER: AR20150013752 BOARD VOTE: _____x____ __x_____ _x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 25 October 2016 DOCKET NUMBER: AR20150013752 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 to add to: * Item 13 the Army Achievement Medal, Army Good Conduct Medal (1st Award), and Kosovo Campaign Medal with two bronze service stars * Item 18 the entry "SERVICE IN MACEDONIA FROM 19990703 - 19991105" __________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. BOARD DATE: 25 October 2016 DOCKET NUMBER: AR20150013752 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 award of the Army Achievement Medal (AAM) and the Kosovo Campaign Medal (KCM). 2. He states his record indicates the AAM and the KCM were awarded to him, but they were never added to his DD Form 214. 3. He provides a DA Form 638 (Recommendation for Award) with an AAM Certificate, dated 18 October 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. The applicant enlisted in the Regular Army on 18 July 1997. He completed training and he was awarded military occupational specialty 45B (Small Arms Repairman). 3. Permanent Order Number 291-29, issued by Headquarters, 94th Engineer Combat Battalion, dated 18 October 1999, awarded him the AAM for the period 1 June through 6 November 1999. The certificate reads for meritorious achievement while assigned as a small arms repairer for the Direct Support Maintenance Team Platoon during Task Force Falcon. 4. On 18 April 2001, he was discharged with an under honorable conditions (general) characterization of service. He completed 3 years, 9 months, and 1 day of active duty service. His DD Form 214 shows in: * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the: * Army Service Ribbon * OSR * Item 18 (Remarks) no deployment entry 5. Permanent Order Number 210-046, issued by Detachment A, 38th Personnel Services Battalion, dated 28 July 2000, awarded him the Army Good Conduct Medal (AGCM) ) (1st Award) for the period 18 July 1997 to 17 July 2000. 6. The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion from 3 June to 5 November 1999 for service in Macedonia. REFERENCES: 1. 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 designated operations, including Operation Allied Force (24 March 1999 through 10 June 1999) 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). a. The Kosovo Air Campaign began on 24 March 1999 and ended on 10 June 1999. The area of eligibility for the air campaign includes the total land area and airspace of Serbia (including Kosovo), Montenegro, Albania, Macedonia, Bosnia, Croatia, Hungary, Romania, Greece, Bulgaria, Italy, and Slovenia; and the waters and airspace of the Adriatic and Ionian Sea north of the 39th north latitude. b. The Kosovo Defense Campaign began on 11 June 1999 to 31 December 2013. The area of eligibility for the defense campaign includes the total land area and airspace of Serbia (including Kosovo),Montenegro, Albania, Macedonia, and the waters and airspace of the Adriatic Seas within 12 nautical miles of the Montenegro, Albania, and Croatia coastlines south of 42 degrees and 52 minutes north latitude. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-4, in pertinent part, states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. Orders show he was awarded the AAM and the AGCM. These awards are not listed on his DD Form 214. 2. DFAS confirmed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion pay from 3 June to 5 November 1999 while assigned in Macedonia. His service in Macedonia qualifies him for award of the KCM with two bronze service stars. This award is not listed on his DD Form 214 and item 18 does not list his deployment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013752 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013752 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2