BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160003018 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: 26 September 2017 DOCKET NUMBER: AR20160003018 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: * deleting from item 13 of his DD Form 214 the Armed Forces Service Medal and adding the Kosovo Campaign Medal with one bronze service star * deleting from item 18 of this form the entry "SERVICE IN BOSNIA – 19990618 TO 19990822" and adding the entry "SERVICE IN KOSOVO/MACEDONIA – 19990610 TO 19990820" _____________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: 26 September 2017 DOCKET NUMBER: AR20160003018 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 record to reflect his service during the Kosovo campaign and his entitlement to the Kosovo Campaign Medal. 2. The applicant states his record presently shows he served in Bosnia from 18 June to 22 August 1999. This is factually incorrect according to Orders 160-007, his travel voucher, and his Certificate of Appreciation. He served in Kosovo during this period. 3. The applicant provides copies of the following: * Orders 160-007 and 340-001 * DD Form 1351-2 (Travel Voucher or Subvoucher) * Certificate of Appreciation * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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. 2. The applicant enlisted in the Regular Army on 13 May 1997 and he held military occupational specialty 98G (Voice Interceptor). 3. He provided copies of the following: a. Orders 160-007, issued by Detachment A, 18th Personnel Services Battalion, on 9 June 1999, deploying him in support of Operation Joint Guardian in Kosovo effective 9 June 1999. b. A DD Form 1351-2, dated 24 August 1999, stating he: * arrived in Macedonia on 10 June and departed on 16 June 1999 * arrived in Kosovo on 16 June and departed on 19 August 1999 * arrived in Macedonia on 19 August and departed on 20 August 1999 c. A Certificate of Appreciation presented to him by the commanding general for his outstanding service and dedication to the North Atlantic Treaty Organization (NATO) peacekeeping mission in Kosovo. d. Orders 340-001, issued by Headquarters, U.S. Army – Europe on 6 December 1999, discharging him from active duty effective 8 December 1999. 4. He was honorably discharged on 8 December 1999. He was credited with completing 2 years, 6 months, and 26 days of active service. His DD Form 214 lists in: * Item 12f (Foreign Service) – 2 years, 1 month, and 3 days * (Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Achievement Medal (2nd Award) * Armed Forces Service Medal * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Grenade Bar * Army Lapel Button * Item 18 (Remarks) – Service in Bosnia from 18 June 1999 to 22 August 1999 5. On 13 March 2017, a staff member of the Defense Finance and Accounting Service (DFAS) verified the applicant served in Macedonia from 1 June to 20 August 1999. 6. In an email, dated 17 August 2017, the applicant stated since he actually received the Kosovo Campaign Medal and certificate he would prefer his DD Form 214 list this award in lieu of the Armed Forces Service Medal. REFERENCES: 1. Army Regulation (AR) 635-5 (Separation Documents) in effect at the time governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation states: * Item 13 – will list all awards and decoration for all periods of service * Item 18 – for an active duty Soldier deployed to a foreign country with his/her unit during the continuous period of active service, list the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYUED) FROM (inclusive dates for example, YYYYMMDD – YYYMMDD)" 2. AR 600-8-22 (Military Awards) states: a. 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 operations to include Joint Guardian, from 11 June 1999 to a date to be determined, within the Kosovo Air Campaign or Kosovo Defense Campaign areas of eligibility (AOE). b. The Kosovo Air Campaign began on 24 March 1999 and ended on 10 June 1999. The Kosovo Defense Campaign began on 11 June 1999 to 31 December 2013. The AOE for both campaigns includes the total land area and airspace of Serbia (including Kosovo), Montenegro, Albania, Macedonia, Bosnia, Croatia, Hungary, Romania, Greece, Bulgaria, Italy, and Slovenia. c. One bronze service star will be worn on the Kosovo Campaign Medal 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 and continues into the defense campaign entitles a service member to only one bronze service star. d. Any service member who qualified for Armed Forces Service Medal by reason of service in Kosovo between 24 March 1999 and 1 May 2000, will remain qualified for this medal. Upon application, any such service member may be awarded the Kosovo Campaign Medal in lieu of the Armed Forces Service Medal, but no person may be awarded more than one of these two medals by reason of service in Kosovo, and no person will be entitled to more than one award of the Kosovo Campaign Medal for the same action, time period or service. DISCUSSION: 1. With respect to correction of the applicant's records to show he served in Kosovo, the evidence shows he served in support of Operation Joint Guardian in Macedonia and Kosovo from 10 June to 20 August 1999. His DD Form 214 does not show he served in Macedonia/Kosovo. 2. With respect to award of the Kosovo Campaign Medal: a. He was awarded the Armed Forces Service Medal, presently listed on his DD Form 214, by reason of his service in support of Operation Joint Guardian. b. By regulation, a service member who qualified for the Armed Forces Service Medal by reason of service in Kosovo between 24 March 1999 and 1 May 2000, will remain qualified for this medal. Upon application, any such service member may be awarded the Kosovo Campaign Medal in lieu of the Armed Forces Service Medal, but no person may be awarded more than one of these medals by reason of service in Kosovo, and no person will be entitled to more than one award of the Kosovo Campaign Medal for the same action, time period, or service. c. He completed a qualifying period of service for award of the Kosovo Campaign Medal with one bronze service star. He submitted a request indicating his preference for correction of his DD Form 214 to list this award in lieu of the presently listed Armed Forces Service Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003018 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003018 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2