IN THE CASE OF: BOARD DATE: 2 February 2016 DOCKET NUMBER: AR20150007477 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 his foreign service and the Kosovo Campaign Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 8 April 2003. 2. The applicant states it was brought to his attention by the Department of Veterans Affairs (VA) that this information was missing from his DD Form 214. 3. The applicant provides no additional evidence in support of his application. 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. On 20 January 2000 he enlisted in the Regular Army for 4 years. 3. On 29 June 2000, he was assigned to Headquarters and Headquarters Service Battery, 3rd Battalion, 6th Field Artillery at Fort Drum, NY. 4. His DA Form 2-1 (Personnel Qualification Record - Part II) reflects the following information: * Item 5 (Oversea Service) does not show any overseas service * Item 9 (Awards, Decorations & Campaigns) does not show he was authorized the Kosovo Campaign Medal * Item 35 (Record of Assignments) does not show any temporary duty assignments overseas 5. There are no orders in his official military personnel file (OMPF) assigning him anywhere overseas. 6. He was absent without leave from 16 December 2002 through 10 February 2003. 7. On 8 April 2003, he was discharged by reason of commission of a serious offense. He completed 3 years and 21 days of net active service that was characterized as under honorable conditions. He had 56 days of time lost. Item 12f (Foreign Service) of his DD Form 214 does not show any foreign service. His DD Form 214 does not show he was authorized the Kosovo Campaign Medal. 8. 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 Kosovo Operation(s) during the Kosovo Defense Campaign. The Kosovo Defense Campaign began on 11 June 1999 to 31 December 2013. The area of eligibility for the Kosovo 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. Servicemembers 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 operations area of eligibility or meets one or more of the following criteria: * 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 area of eligibility * while participating in the operation, regardless of time, is wounded or injured and requires medical evacuation from the area of eligibility * while participating as a regularly assigned air crewmember flying sorties into, out of, within, or over the area of eligibility in direct support of the military operations DISCUSSION AND CONCLUSIONS: His OMPF does not contain any orders or other official documents showing he was deployed to Kosovo. His DA Form 2-1 contains no information that would indicate he was deployed to Kosovo or anywhere else overseas. He did not provide evidence to support his contention that he served a foreign service tour in Kosovo or other designated countries in the area of eligibility for award of the Kosovo Campaign Medal. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ___X_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ __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) AR20150007477 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007477 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1