BOARD DATE: 20 December 2018 DOCKET NUMBER: AR20160018149 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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: a. Awarding him the Army Good Conduct Medal (2nd Award) for service during the period 9 September 2000 through 8 September 2003. b. Deleting from his DD Form 214 the Army Good Conduct Medal (1st Award) and adding: * Air Medal * Iraqi Campaign Medal with two bronze service stars * Kosovo Campaign Medal with bronze service star * Global War on Terrorism Service Medal * NCO Professional Development Ribbon with Numeral 1 * Army Good Conduct Medal (2nd Award) c. Adding to item 18 of his DD Form 214 the entries: * Service in Albania from 19990509 to 19990804 * Service in Kuwait/Iraq from 20030301 to 20030831 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 service in Kosovo. 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: 20 December 2018 DOCKET NUMBER: AR20160018149 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :SWF :BMM :RDR GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 20 December 2018 DOCKET NUMBER: AR20160018149 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his: * deployments to Iraq and Kosovo * awards of the Air Medal, Global War on Terrorism Service Medal, and any other awards he earned 2. The applicant states his time in Iraq during Operation Iraqi Freedom 1 is not listed on his DD Form 214; likewise, his Kosovo service (1999) is not listed. The Air Medal and Global War on Terrorism Service Medal are not listed and neither are any awards from his 6 plus years of service he has no proof to give to the Department of Veterans Affairs (VA) or any other organization that proves he earned his medals or served in Iraq or Kosovo. He loved his time serving our country and he loves our country and the Army. It saddens him that he cannot prove his time served at war. When he was getting he was sent home from Iraq. The Rear Detachment told him when he asked about his medals missing that he did not have enough time to correct it and being young the applicant did not question it. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting documents: * DD Form 214, ending on 20 December 2003 * Orders Number 42-20, dated 11 February 2003 2. Evidence from the applicant's service record and Department of the Army and Department of Defense records and systems: * DD Form 4 (Enlistment/Reenlistment Document) * Enlisted Record Brief * DA Form 2-1 (Personnel Qualification Record) * Permanent Orders 61-306, dated 1 March 2000 * Permanent Orders 214-047, dated 1 August 2000 * DA Form 1059 (Service School Academic Evaluation Report) for the period 3 January 2002 through 1 February 2002 * DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) for the rating periods July 2002 through June 2003 and July 2003 through December 2003 * Permanent Order 240-062, dated 28 August 2003 (Air Medal) * Orders 286-002, dated 13 October 2003 * DD Form 214 REFERENCES: 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. 2. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It provided standardized policy for the preparation of the DD Form 214 and stated for: * Item 12f (Foreign Service) - Enter the total amount of foreign service completed during the period covered by the DD Form 214 * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - List awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22 (Military Awards) * Item 18 (Remarks) - An active duty Soldier deployed to a foreign country 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)" 3. AR 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation states: a. 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. The Kosovo Air Campaign began on 24 March 1999 and ended on 10 June 1999. The area of eligibility (AOE) 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. 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 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. 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 operations' AOE or meets one or more other criteria. b. 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 (on 24 March 1999 and ended on 10 June 1999) and continued into the Defense Campaign (on 11 June 1999 to a date to be determined) entitles a member to only one bronze service star. c. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism 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 nonconsecutive days are authorized the Global War on Terrorism Service Medal. d. The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom. The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns include the Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004). e. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years, except in those cases when the period of the first award ends with the termination of a period of Federal military service. Following the first award of the Army Good Conduct Medal, subsequent awards must meet the 3-year threshold of qualifying service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. f. The Noncommissioned Officer Professional Development Ribbon is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses. Effective 30 March 1989, a service member will be awarded the NPDR with the numeral which identifies the highest level of NCOES successfully completed as follows: * 1 = Bar Ribbon Device = Primary Level * 2 = Basic Level * 3 = Advanced Level * 4 = Senior Level DISCUSSION: 1. While 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 9 September 1997 and he held military occupational specialty 15T (UH-60 Helicopter Repairer). 3. His service record, located on the Interactive Personnel Electronic Records Management System (iPERMS), contains the following: a. DA Form 2-1, which shows in item 5 (Overseas Service) illegible dates of service or country, and in item 35 (Record of Assignment), he was assigned to Company D, 159th Aviation Battalion, Giebelstadt, Germany, on 8 April 1998. b. Permanent Orders 61-306, issued by Detachment A, 38th Personnel Services Battalion, Germany, on 1 March 2000, awarded him the Aircraft Crewmember Badge. c. Permanent Orders Number 214-047, issued by Detachment A, 38th Personnel Services Battalion, Germany, on 1 August 2000, awarded him the Army Good Conduct Medal (1st Award) for the period from 9 September 1997 through 8 September 2000. d. DA Form 1059 which shows he completed the Primary Leadership Development Course at the 7th Army NCO Academy from 3 January to 1 February 2002. e. Enlisted Record Brief that shows he served in Germany from on or about 9 April 1998 to on or about 18 December 2003. He was assigned to various units in Heidelberg, Wiesbaden, and Giebelstadt. f. NCOER, for the rating period July 2002 through June 2003. It shows he was assigned to A Company, 3rd Battalion, 158th Aviation Regiment (Forward) and served as a Crew Chief in a Corps forward deployed Aviation Air Assault Company in Europe in support of Operations Iraqi Freedom. He was directly responsible for the supervision and training of four subordinate crew chiefs. Part IV(f) (Responsibility and Accountability) states "assisted in the movement and accountability of platoon equipment to port for movement to Kuwait." g. Order Number 42-20, issued by Headquarters, V Corps, Germany, on 11 February 2000, directed his movement from Germany to U.S. Central Command Area of Responsibility (Kuwait) in order to provide continued support to Operation Enduring Freedom preparatory task and possible future contingencies, with an effective date from on or about 28 February to 8 March 2003. h. NCOER for the rating period July 2003 through December 2003. It shows he was assigned to A Company, 3rd Battalion, 158th Aviation Regiment (Forward) and served as a Crew Chief in a Corps forward deployed Aviation Air Assault Company. Part IV(d) (Leadership) states "led by example during deployment operations to ensure aircraft were mission ready for Operation Iraqi Freedom." i. Permanent Orders 240-062, dated 28 August 2003, awarded him the Air Medal for meritorious service while serving as a crew chief in support of Operation Iraqi Freedom, from 19 March 2003 to 19 September 2003. 4. He was honorably released from active duty on 20 December 2003. His DD Form 214 shows he completed 6 years, 3 months, and 12 days of active service, with no time lost. His DD Form 214 also shows in: * Item 12f - 5 years, 8 months, and 8 days * Item 13 - the National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon with Numeral 2, Army Lapel Button, and Basic Aviation Badge * Item 18 - No deployments to Kosovo and Kuwait/Iraq 5. An email from the Defense Finance and Accounting Service (DFAS), dated 10 December 2018, confirmed the applicant received hostile fire/danger pay for Albania, 9 May 1999 to 4 August 1999; Adriatic Sea, 1 August 2002 to 31 August 2002; and Kuwait, 1 March 2003 to 31 August 2003. 6. The applicant contends his DD Form 214 should be corrected to show his: * deployments to Iraq and Kosovo * awards of the Air Medal, Global War on Terrorism Service Medal, and any other awards he earned 7. DFAS pay records confirm the applicant deployed to Albania from 9 May 1999 to 4 August 1999. It is possible the applicant deployed to Kosovo through Albania; however, nothing in the available record provides conclusive evidence he was in Kosovo. Based on his service in Albania, he is authorized the Kosovo Campaign Medal with one bronze service star. 8. DFAS pay records also show he was in the Adriatic Sea from 1 to 31 August 2002. It is unclear if he boarded a ship or served with a Navy outfit. The available evidence does not shed light on the type of mission (training, deployment, exercise, etc) he performed. 9. DFAS pay records confirm he served in Kuwait from 1 March 2003 to 31 August 2003. However, given his award of the Air Medal in support of Operation Iraqi Freedom, it is reasonable to believe he served in Kuwait/Iraq during this period. 10. Based on his service in Kuwait/Iraq, he qualifies for award of the Iraq Campaign Medal with two bronze service stars. 11. Permanent Orders awarded him the Air Medal for meritorious service in support of Operation Iraqi Freedom. 12. He served a qualifying period of service for award of the Global War on Terrorism Service Medal. 13. He completed the first level of the NCO Education System and is authorized the NCO Professional Development Ribbon. 14. Permanent Orders awarded him the Army Good Conduct Medal for the period 9 September 1997 through 8 September 2000. He qualifies for a second award for the period 9 September 2000 through 8 September 2003 in that: * he competed 6 years, 3 months, and 12 days of continuous active service * there is no commander's disqualification memorandum in his file * there is no derogatory information in his service record //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018149 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2