IN THE CASE OF: BOARD DATE: 15 December 2015 DOCKET NUMBER: AR20150005112 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 he was awarded or authorized the Kosovo Campaign Medal (KCM) "with Bronze Star for second award" (presumed to mean with two bronze service stars indicating participation in two campaigns) and the Global War on Terrorism Service Medal (GWOTSM). 2. The applicant states he served in the KCM area of operations, during both the air and ground campaigns, by serving with the 173d Airborne Brigade while in northern Italy during the period of January 1998 through January 2001. He received hazardous duty pay and tax exempt status during that time. He also served in support of Operation Noble Eagle as a member of the 170th Military Police Company during the period of September 2001 to April 2002. 3. The applicant provides no additional evidence in support of his request. 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 3 October 1996. He completed his initial entry training and was awarded military occupational specialty (MOS) 88M (Motor Transport Operator). He was later reclassified into MOS 95B (Military Police). The highest rank/grade he attained during his period of active service was sergeant/E-5. 3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Italy from on or about 7 January 1998 to 6 January 2001. 4. The applicant retired on 3 June 2003 by reason of permanent disability after completing 6 years, 8 months, and 1 day of net active service. His DD Form 214 shows he was awarded or authorized the Army Achievement Medal (2nd Award), Army Good Conduct Medal, National Defense Service Medal (2nd Award), KCM, Army Service Ribbon, Overseas Service Ribbon, and the North Atlantic Treaty Organization Medal. 5. During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed the applicant's Master Military Pay Account and found no record that shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kosovo during his active duty service. 6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The KCM 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. 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 area of eligibility 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). Qualification for a second bronze service star requires meeting the criteria for both campaigns. (1) Kosovo Air Campaign. The 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. (2) Kosovo Defense Campaign. The 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. (3) The 30 consecutive or 60 nonconsecutive days that began during the air campaign and continued into the defense campaign entitles a member to only one bronze service star. No person will be entitled to more than one award of the KCM for the same action, time period or service. b. The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in GWOT operations outside of the areas of eligibility 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 days or 60 non-consecutive days are authorized the GWOTSM. Only one award of the GWOTSM may be authorized to any individual; therefore, second and subsequent awards will not be awarded. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his DD Form 214 to show he was awarded or authorized the KCM with two bronze service stars and the GWOTSM was carefully considered. 2. The applicant contends he served in both Kosovo campaigns. His DD Form 214 shows he was awarded the KCM during his period of service in Italy from on or about 7 January 1998 through 6 January 2001. 3. A bronze service star is authorized for each campaign a member is credited with participating in for wear on the KCM. The applicant served in Italy; the applicable Army regulation shows service in Italy was credited for only the air campaign. 4. The applicant served on active duty from 3 October 1996 to 3 June 2003. This service period would qualify him for award of the GWOTSM; however, it is not shown on his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x____ ____x___ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 by deleting the "Kosovo Campaign Medal" and adding the Kosovo Campaign Medal with one bronze service star and the Global War on Terrorism Service Medal. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his record to show he is authorized a second bronze service star for wear with the Kosovo Campaign 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) AR20140014287 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005112 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1