BOARD DATE: 14 January 2016 DOCKET NUMBER: AR20150004349 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, Army Achievement Medal (AAM), and Army Commendation Medal (ARCOM). 2. The applicant states: a. She was pregnant and stationed in San Angelo, Texas, and decided to transition out of the Army so her husband could pursue his Army career. She made the decision to transition on 8 September 2003. Her unit sent her to Fort Hood, Texas, on 11 September 2003 and she was discharged that day. b. She did not have her service records with her and since she wasn't stationed at Fort Hood, they didn't have her records either. Since she had no proof at that time, they left the medals off her DD Form 214. 3. The applicant provides: * deployment orders * AAM Certificate and orders * North Atlantic Treaty Organization (NATO) Medal Certificate * certificates of appreciation and achievement * email * ARCOM Certificate and orders * DD Form 214 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 12 August 1997 and trained as a voice interceptor. 3. She provided: a. amended deployment orders showing she deployed to Kosovo on 1 January 2000 in support of Task Force Falcon and Operation Joint Guardian II, b. a certificate showing she was awarded the NATO Medal for service with NATO during Kosovo operations for the period January 2000 to June 2000, c. a certificate of appreciation for outstanding service and dedication to the peacekeeping mission in Kosovo, and d. a certificate of achievement in recognition of the outstanding support of Task Force 101 (Military Intelligence) and Task Force Falcon during Operation Joint Guardian II in Kosovo. 4. 101st Military Intelligence Battalion Permanent Order Number 224-18, dated 15 May 2000, awarded her the AAM for meritorious service as an electronic warfare operator in support of Task Force Falcon and Operation Joint Guardian II from 5 January 2000 to 17 June 2000. 5. Detachment A, 38th Personnel Service Battalion, Permanent Order 331-010, dated 27 November 2001, awarded her the first award of the Army Good Conduct Medal (AGCM) for the period 12 August 1997 to 11 August 2000. 6. 1st Infantry Division, Division Support Command, Permanent Order Number 128-4, dated 8 May 2002, awarded her the ARCOM for meritorious service during the period 7 June 1999 to 27 May 2002. 7. On 11 September 2003, she was honorably discharged after completing 6 years and 1 month of creditable active service with no time lost. 8. Her DD Form 214 shows she was awarded or authorized the: * Army Lapel Button * AGCM * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Grenade Bar 9. There are no orders for a second award of the AGCM. There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded her from being awarded a second award of the AGCM. 10. 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 (11 June 1999 through a date to be determined) after 24 March 1999. 11. Army Regulation 600-8-22 further states 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 (AOE) or for 60 nonconsecutive days provided this support involves entering the operation's AOE or meet one or more of several criteria, including: (a) be engaged in actual combat or duty that is equally as hazardous as combat duty during the operation with armed opposition, regardless of time in the AOE; and (b) while participating in the operation, regardless of time, are wounded or injured and require medical evacuation from the AOE. 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 a date to be determined) entitles a member to only one bronze service star. 12. Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the AOE designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized award of the GWOTSM. Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded. 13. Army Regulation 600-8-22 states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service of less than 3 years, but more than 1 year. Although there is no automatic entitlement to the AGCM, disqualification must be justified. DISCUSSION AND CONCLUSIONS: 1. The evidence confirms the applicant deployed to Kosovo in January 2000 and she was awarded the AAM for meritorious service as an electronic warfare operator in support of Task Force Falcon and Operation Joint Guardian II from 5 January 2000 to 17 June 2000. Based on her service in Kosovo, she is authorized award of the Kosovo Campaign Medal with one bronze service star. 2. Permanent orders awarded her the ARCOM and AAM. Her DD Form 214 does not show these medals. 3. She served a qualifying period for award of the GWOTSM. Her DD Form 214 does not show this medal. 4. The applicant was awarded the AGCM (1st Award) for the period 12 August 1997 to 11 August 2000. It appears she met the eligibility criteria for the second award of the AGCM for the period 12 August 2000 through 11 August 2003 based on completion of 3 years of qualifying service. There is no evidence of any disciplinary action or a commander's disqualification that would have precluded her from being awarded the second award of the AGCM. She should be awarded the AGCM (2nd Award) and her DD Form 214 should be corrected to show this award. 5. The certificate showing she was awarded the NATO Medal for service with NATO on operations in relation to Kosovo during the period January 2000 to June 2000 is accepted as sufficient evidence on which to base adding the NATO Medal to her DD Form 214. BOARD VOTE: ___X_____ ____X____ ___X_ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends all Department of the Army records of the individual concerned be corrected by: a. awarding her the second award of the AGCM for the period 12 August 2000 through 11 August 2003, b. deleting award of the AGCM from her DD Form 214, and c. adding the following awards to her DD Form 214: * ARCOM * AAM * AGCM (2nd Award) * GWOTSM * Kosovo Campaign Medal with one bronze service star * NATO Medal ___________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) AR20150004349 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004349 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1