IN THE CASE OF: BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160015750 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: 6 June 2018 DOCKET NUMBER: AR20160015750 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 his DD Form 214 as follows: * deleting the current entry in item 12f * adding to item 12f – "0000 03 00" * adding to item 13 – Kosovo Campaign Medal with one bronze service star and the NATO Medal * adding to item 18 – "Service in Albania 19990401 to 19990630" __________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: 6 June 2018 DOCKET NUMBER: AR20160015750 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show foreign service credit for Kosovo and associated individual and unit awards. 2. The applicant states he was discharged before the conflict ended and before unit awards for his period of service were approved. 3. The applicant does not provide evidence. 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 26 September 1996. 3. By Permanent Order 202-18, dated 21 July 1999, the applicant received the Army Commendation Medal for meritorious achievement while serving in support of Operations Nobel Anvil and Joint Guardian. He was assigned to 9th Psychological Operations Battalion (Airborne). This award is for his specific achievements from 8 May 1999 to 1 July 1999. 4. The Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account and verified he received foreign service pay for service in Albania from 1 April 1999 to 30 June 1999, a period of 3 months. 5. On 25 September 2000 the applicant was honorably released from active duty. Item 12f (Record of Service – Foreign Service) of his DD Form 214 contains the entry "0000 00 00." His Army Commendation Medal is shown on his DD Form 214 and item 18 (Remarks) does not contain entries showing he deployed in support of a named operation. 6. A review of the Department of the Army General Orders (DAGO) shows the applicant's unit, the 9th Psychological Operations Battalion (Airborne), did not receive a unit award for operational support to Kosovo during his period of assignment. REFERENCES: 1. 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 Operations Noble Anvil and Joint Guardian, in an 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). 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 (began on 24 March 1999 and ended on 10 June 1999) and continued into the Defense Campaign (began on 11 June 1999 and ended on 31 December 2013). The AOE for both campaigns included Albania. The 30 consecutive or 60 nonconsecutive days that began during the air campaign and continues into the defense campaign entitles a Service member to only one bronze service star. 2. Army Regulation 600-8-22 states the North Atlantic Treaty Organization (NATO) Medal is awarded by the NATO Secretary-General for specific NATO operations. The Secretary of Defense may approve acceptance and wear by United States service members who meet the criteria specified by the NATO Secretary-General. Acceptance of the NATO Medal has been approved for United States service members for operations related to Kosovo from 13 October 1998 to 31 December 2002. 3. Department of Defense (DOD) Number 7000.14-R (Financial Management Regulation) Volume 7a, Chapter 10 states hostile fire pay and imminent danger pay are authorized entitlements. A member may be paid special duty pay for duty subject to hostile fire or imminent danger for any month a member, while entitled to basic pay for active duty, meets the qualifying criteria. Members will receive the maximum monthly rate of special pay for the month in which the event occurred or deployed to a designated geographical area. Payment will be made for the full month. The appropriate command will certify that the member has met the requirements for entitlement to special pay for a given month. 4. Army Regulation 635-5 (Separation Documents) in effect at the time, provided for the standardized policy for preparing and distributing the DD Form 214. It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear cut record of active duty service at the time of release from active duty, retirement and separation. It provides detailed instructions and sources document(s) used for completing each item of the DD Form 214. a. For item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Record of Service – Net Active Service This Period) from the Enlisted Record Brief. b. Item 18 (Remarks) is used for Headquarters, Department of the Army mandatory requirements when a separate block is not available. For active duty soldiers deployed with their units during their continuous period of service enter the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (specify dates)." DISCUSSIONS: 1. DFAS records show he received hostile fire pay/imminent danger pay and combat zone tax exclusion from 1 April 1999 to 30 June 1999 (paid for whole months). His Army Commendation Medal certificate shows he received this award for achievement during the specified period from 8 May 1999 to 1 July 1999. The data from DFAS shows his foreign service credit for service in Albania was 3 months. 2. Based on the data maintained in his DFAS record and on the Army Commendation Medal certificate, the applicant served in direct support of Kosovo operations including Operations Noble Anvil and Joint Guardian. 3. By regulation an entry of total foreign service, and if deployed its location and dates of deployed service are normally shown on a Soldier's DD Form 214. 4. Based on his service in Albania, he is entitled to the Kosovo Campaign Medal with one bronze service star as defined by regulation. In addition, the Department of Defense recognized all Kosovo campaigns as meeting the criteria and qualification for the NATO Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015750 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015750 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2