IN THE CASE OF: BOARD DATE: 4 February 2016 DOCKET NUMBER: AR20150006515 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) for the period ending 30 September 2002 to show award of the North Atlantic Treaty Organization (NATO) Medal. 2. The applicant states he was awarded the NATO Medal for service with NATO on operations in relation to Kosovo from 6 June to 12 December 1999; however, it was left off of his DD Form 214. 3. The applicant provides two DD Forms 214, orders, and a certificate. 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 was serving as a member of the U.S. Army Reserve (USAR) when he entered active duty for training (ADT) on 18 June 1991. He was released from ADT on 25 July 1991. The DD Form 214 he was issued shows he was awarded/authorized the: * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Hand Grenade Bar * Army Service Ribbon 3. He enlisted in the Regular Army on 22 November 1996 and he was assigned to B Company, 14th Combat Engineer Battalion, Fort Lewis, WA. 4. Orders 30-03, dated 27 March 1998, issued by B Company, 14th Combat Engineer Battalion, awarded him the Driver Badge with "W" Bar. He was subsequently assigned to B Company, 9th Engineer Battalion, Germany. 5. The applicant provides: a. Orders 168-1, dated 17 June 1999, issued by Headquarters (HQ), 9th Engineer Battalion, announced the deployment of the applicant on a unit movement in support of Operation Joint Guardian with a proceed date of 15 June 1999. b. A certificate awarding him the NATO Medal for service with NATO in operations in relation to Kosovo during the period 9 June to 12 December 1999. 6. He was honorably discharged on 30 September 2002 by reason of disability with entitlement to severance pay. The DD Form 214 he was issued for this period of service shows in: a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All Periods of Service)) he was authorized/awarded the: * Army Good Conduct Medal * National Defense Service Medal (2nd Award) * Noncommissioned Officer (NCO) Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Army Reserve Components Overseas Training Ribbon * Army Lapel Button b. Item 18 (Remarks) of this DD Form 214 is void of an entry showing he served in Macedonia/Kosovo. 7. On 3 August 2015, by email, an official with the Defense Finance and Accounting Service (DFAS) verified the applicant received hostile fire/imminent danger pay for service in Macedonia from 21 June to 31 December 1999. 8. Army Regulation 635-5 (Personnel Separations - Separation Documents) states in item 12f of the DD Form 214 enter the total amount of foreign service a Soldier had during the period covered by the DD Form 214. For an active duty Soldier deployed to a foreign country with his or her unit enter in item 18 the statement “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD).” 9. Army Regulation 600-8-22 (Military Awards) states: a. The NATO Medal was authorized by the Secretary-General of the NATO for specific NATO operations. Acceptance of the NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of NATO operations in Afghanistan from 1 June 2003 to a date to be determined. To add the NATO Medal to a Soldier's record the Soldier must have been issued a certificate for this award. b. 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 in an area of eligibility (AOE), which included Macedonia, for 30 consecutive days or 60 nonconsecutive days provided this support involves entering the operation's AOE. One service star is authorized for participation in each campaign. A review of the applicant's record shows he participated in one campaign during his service in Operation Joint Guardian. 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 AOE. All Soldiers on active duty 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. DISCUSSION AND CONCLUSIONS: 1. The evidence of record confirms the applicant was issued a certificate for award of the NATO Medal; however, this medal is not shown on his DD Form 214 for the period ending 30 September 2002. In addition, his foreign service in Macedonia from 21 June to 31 December 1999, as verified by DFAS, is not shown on his DD Form 214. 2. He served in Macedonia in Operation Joint Guardian during a qualifying period for the Kosovo Campaign Medal with one bronze service star and he served on active duty during a qualifying period for the Global War on Terrorism Service Medal; however, neither of these medals are shown on his DD Form 214. 3. His DD Form 214 for the period ending 25 July 1991 shows award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Marksman Marksmanship Qualification Badge with Hand Grenade Bar; however, these badges are not shown on his DD Form 214 for the period ending 30 September 2002. 4. Orders awarded him the Driver Badge with "W" Bar which is not shown on his DD Form 214. BOARD VOTE: ____X____ ___X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 for the period ending 30 September 2002 by adding to: * item 13 the: * NATO Medal * Kosovo Campaign Medal with one bronze service star * Global War on Terrorism Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Hand Grenade Bar * Driver Badge with "W" Bar * item 18 the entry "SERVICE IN MACEDONIA FROM 19990621-19991231" _______ _ __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) AR20150006515 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006515 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1