IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017482 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 IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017482 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 amending items of his DD Form 214 as described below: a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), to show he was awarded or authorized the: * Kosovo Campaign Medal with one bronze service star * National Defense Service Medal b. Item 18 (Remarks), to add the entry "SERVICE IN MACEDONIA FROM 19990615 - 19991204." _____________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. IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017482 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 add the Kosovo Campaign Medal (KCM). 2. The applicant states according to Army Regulation 600-8-22 (Military Awards), service members must be a bona fide member of a unit participating in or be engaged in direct support of an operation for 30 consecutive days in the area of eligibility (AOE) or for 60 nonconsecutive days provided this support involves the entering an operation AOE. He was in Kosovo for 7 months and received the KCM on 18 October 2014. 3. The applicant provides: * a letter issued by Headquarters and Headquarters Command (HHC), 2nd Brigade, 1st Infantry Division, subject: 2nd Brigade, 1st Infantry Division, Deployment in Support of Operation Joint Guardian and all Supporting Units, dated 14 September 1999 * Leave and Earning Statements (LES) Online Inquiry System for the period covering 1-31 August 1999 and 1-30 September 1999 * Certificate of Appreciation issued by the Kosovo Force Multinational Brigade (East), undated * DA Form 638 (Recommendation for Award), dated 20 November 1999 * DD Form 214 * a memorandum, dated 18 October 2014 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 18 September 1997 the applicant enlisted in the Regular Army. 3. The applicant provides a letter issued by HHC, 2nd Brigade, 1st Infantry Division, subject: 2nd Brigade, 1st Infantry Division, Deployment in Support of Operation Joint Guardian and all Supporting Units, dated 14 September 1999. The letter shows HHC, 2nd Brigade deployed through the Former Yugoslav to the Republic of Macedonia to conduct Peace Keeping Operations in support of Operation Joint Guardian in Kosovo on or about 7 June 1999. 4. A DA Form 638 provided by the applicant, shows Permanent Order Number 321-74, published by Headquarters, 1st Battalion, 26th Infantry (Forward), on 20  November 1999 awarded him the Army Achievement Medal (AAM) (2nd Award). He received this award while deployed to Gnjilane, Kosovo for providing for the safety of his squad when his squad came under hostile fire during a patrol on 24 June 1999. 5. On 17 September 2001, the applicant was released. He completed 4 years of active duty service. His DD Form 214 shows: a. Item 12f (Record of Service – Foreign Service) – "0001 11 25," b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Army Lapel Button * Army Commendation Medal * AAM (3rd Award) * Army Good Conduct Medal * Noncommissioned Officer’s Professional Development Ribbon * Army Service Ribbon * Expert Infantryman Badge c. Item 18 (Remarks) – no deployment entry. 6. The applicant provides a memorandum issued by HHC, 304th Sustainment Brigade, dated 18 October 2014 showing he was eligible and awarded the KCM in support of Operation Joint Guardian for Kosovo during the period 10 June 1999 to 8 December 1999. 7. The applicant provides copies of his LESs for the periods of 1-31 August 1999 and 1-30 September 1999 showing he received hostile fire pay and imminent danger pay (HFP/IDP). 8. During the processing of this case, the Defense Finance and Accounting Service (DFAS) provided documentation to show the applicant received HFP/IDP in Macedonia for the period 16 June 1999 to 4 December 1999. REFERENCES: 1. Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The National Defense Service Medal (NDSM) is awarded for honorable active service from 11 September 2001 to a date to be determined. b. The KCM was established by Executive Order 13154, 3 May 2000. It 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 Kosovo Operation(s); ALLIED FORCE; JOINT GUARDIAN; ALLIED HARBOUR; SUSTAIN HOPE/SHINING HOPE; NOBLE ANVIL; or Kosovo TASK FORCE(S): HAWK, SABER; or HUNTER within the Kosovo Air Campaign or Kosovo Defense Campaign areas of eligibility. The Kosovo Defense Campaign began on 11 June 1999 to 31 December 2013. The AOE for the Defense Campaign includes the total land area and air space of Serbia (including Kosovo), Montenegro, Albania, Macedonia, and the waters and air space of the Adriatic Seas within 12 nautical miles of the Montenegro, Albania, and Croatia coastlines south of 42 degrees and 52 minutes North latitude. 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 AOE or for 60 nonconsecutive days provided this support involves entering the operations AOE 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 2. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The regulation stated that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-4, in pertinent part, states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. The applicant contends, in effect, that he is authorized the KCM for his support in an operation in Kosovo. 2. The DFAS confirmed the applicant received HFP from 16 June 1999 to 4 December 1999 while deployed to Macedonia. His period of service in Macedonia and his participation in one campaign qualifies him for award of the KCM with one bronze service star. His DD Form 214 does not reflect this award and item 18 does not list his deployment. 3. Based on the applicant's period of service from 18 September 1997 to 17 September 2001, he is qualified to receive the NDSM, which his DD Form 214 does not reflect. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017482 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017482 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2