BOARD DATE: 21 December 2017 DOCKET NUMBER: AR20160002175 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 the Department of the Army records of the individual concerned be corrected by amending his DD Form 214 (Certificate of Release or Discharge from Active Duty) by: a. Deleting from item 18 (Remarks), the entry "Member Has Not Completed First Full Term of Service." b. Adding to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the Kosovo Campaign Medal with one bronze service star. c. Adding to Item 18, the entries "SERVICE IN MACEDONIA FROM 19990701 - 19991231" and "Member Has Completed First Full Term of Service." 2. The Board further determined 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 correction of his discharge date. 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: 21 December 2017 DOCKET NUMBER: AR20160002175 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :x :x :x GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 21 December 2017 DOCKET NUMBER: AR20160002175 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 completed his first full term of service * his deployment dates to Kosovo * the correct discharge date * his authorized awards 2. The applicant states his discharge date is incorrect, his deployment to Kosovo is not shown, and his authorized awards are not listed on his DD Form 214. He completed his first term of service and reenlisted while stationed in Germany. 3. The applicant provides a copy of his 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 (RA) on 6 October 1997 for a period of 3 years. The Soldier Management System shows he reenlisted in the RA on 4 December 1999; however, his reenlistment documents are not available for review. 3. Orders 310-0007, issued by Headquarters, 24th Infantry Division (Mechanized), Fort Riley, Kansas, dated 6 November 2001, show his date of discharge as 8 November 2001. 4. On 8 November 2001, he was discharged with an under honorable conditions (general) characterization of service. He completed 4 years, 1 month, and 3 days of active service. His DD Form 214 shows in: * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the: * Army Lapel Button * Army Service Ribbon * Overseas Service Ribbon * Item 18 (Remarks) no deployment entry 5. The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion from 1 July to 31 December 1999 for service in Macedonia. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation states 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 service at the time of release from active duty, retirement, or discharge. Chapter 2 states, in pertinent part: a. For an active duty Soldier deployed with his or her unit during their continuous period of active service enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD- YYYYMMDD)" in item 18. b. item 18 will contain the entry “SOLIDER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE.” To determine if an enlisted Soldier has completed the first full term of enlistment refer to the enlistment/reenlistment document and compare the term of enlistment to the net service in item 12c of the DD form 214. If the Soldier has completed or exceeded the initial enlistment, enter “has.” If item 12c on the DD form 214 is less than the Soldier’s initial enlistment, enter “has not." If a Soldier reenlists before the completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment contract. A prior service enlistee is considered to be on a second term of military service, even if that Soldier fails to complete the current term of service, the appropriate entry is "Has." 2. 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, after 24 March 1999, participated in or served in direct support of designated operations, including Operation Allied Force (24 March 1999 through 10 June 1999) area of eligibility (AOE). 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 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). a. The Kosovo 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. b. The Kosovo 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. DISCUSSION: 1. The applicant initially enlisted in the RA on 6 October 1997 for a period of 3 years. However, he reenlisted on 4 December 1999, before the completion of that period of active service. His reenlistment was effectively redefined by virtue of the reenlistment contract. A prior service enlistee is considered to be on a second term of military service, even if that Soldier fails to complete the current term of service, the appropriate entry is that the Soldier "has" completed his or her first full term of service. 2. DFAS confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion pay from 1 July to 31 December 1999 while assigned in Macedonia. His service in Macedonia qualifies him for award of the Kosovo Campaign Medal with one bronze service star. This award is not listed on his DD Form 214 and item 18 does not list his deployment. 3. Orders show his discharge date as 8 November 2001 and his DD Form 214 shows the same date. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160002175 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002175 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2