BOARD DATE: 9 March 2017 DOCKET NUMBER: AR20150018107 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: 9 March 2017 DOCKET NUMBER: AR20150018107 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: a. adding the following awards to her DD Form 214: * Kosovo Campaign Medal with one bronze service star * North Atlantic Treaty Organization Medal b. deleting the current entry "SERVICE IN IRAQ - - 20040722 TO 20041201" from item 18 of her DD Form 214 and replacing it with the entry "SERVICE IN KUWAIT/IRAQ FROM 20040721-20041223," and c. adding the entry "SERVICE IN KOSOVO FROM 20020920-20030407" to item 18 of her DD Form 214. ___________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: 9 March 2017 DOCKET NUMBER: AR20150018107 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Kosovo Campaign Medal and North Atlantic Treaty Organization (NATO) Medal. She also requests correction of her dates of service in Iraq to show 22 July 2004 to 21 December 2004. 2. The applicant states: a. The Kosovo Campaign Medal and NATO Medal are not shown on her DD Form 214. b. Her Iraq deployment dates are incorrect. She was in country from 22 July 2004 to 21 December 2004. They left Iraq for Kosovo on 21 December 2004 and they left Kuwait for Germany on 23 December 2004. c. Loyalty, Duty, Respect, Selfless, Service, Honor, Integrity, and Personal Courage – those are words she lived by when she served her country. She served selflessly with honor, integrity, and personal courage. She was loyal, respectful, and fulfilled her duties. She expects the same in return from the Army. The record of her selfless service is incorrect and that goes against most, if not all, of the Army values. It is in violation of principles of justice or fairness. 3. The applicant provides: * DD Form 214 * certificates of appreciation * temporary change of station orders, dated 10 December 2003 * deployment orders * NATO Medal Certificate * memorandum verifying her Kosovo deployment dates, dated 14 April 2003 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 31 July 2000 for a period of 4 years. 3. She provided a NATO Certificate showing she was awarded the NATO Medal for service with NATO in Kosovo operations during the period 20 September 2002 to 7 April 2003. 4. The Defense Finance and Accounting Service confirmed she received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 21 July 2004 to 23 December 2004. 5. On 18 April 2005, she was honorably released from active duty. 6. Her DD Form 214 shows she was awarded or authorized the: * Army Commendation Medal * Army Achievement Medal (2nd Award) * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Army Lapel Button * Global War on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon 7. Item 18 (Remarks) of her DD Form 214 shows she served in Iraq from 22 July 2004 to 1 December 2004. There are no other deployments shown. 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 participated in or served in direct support of Operation Joint Guardian after 24 March 1999. 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 areas of eligibility or for 60 nonconsecutive days provided this support involves entering the operation's areas of eligibility. 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 (24 March 1999 through 10 June 1999) and continued into the Defense Campaign (11 June 1999 to 31 December 2013) entitles a member to only one bronze service star. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. The instructions for item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service also stated to enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. Based on the applicant's service in Kosovo from 20 September 2002 to 7 April 2003, she is authorized award of the Kosovo Campaign Medal with one bronze service star. Her DD Form 214 does not show this award. In addition, item 18 of her DD Form 214 does not show this deployment. 2. Her NATO Certificate shows she was awarded the NATO Medal for service with NATO in operations in relation to Kosovo during the period 20 September 2002 to 7 April 2003. This award is not shown on her DD Form 214. 3. Her DD Form 214 shows she served in Iraq from 22 July 2004 to 1 December 2004. The applicant contends these dates are incorrect and should show she served in Iraq from 22 July 2004 to 21 December 2004. Defense Finance and Accounting Service records confirmed she received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 21 July 2004 to 23 December 2004. In the absence of evidence corroborating the dates she contends she served in Iraq, only her period of service in Kuwait/Iraq from 21 July 2004 to 23 December 2004 can be confirmed. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018107 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018107 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2