BOARD DATE: 26 January 2017 DOCKET NUMBER: AR20150015014 BOARD VOTE: _________ _______ ________ 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: 26 January 2017 DOCKET NUMBER: AR20150015014 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 amending his DD Form 214 as follows: a. adding the following awards: * Army Achievement Medal * Global War on Terrorism Service Medal * Kosovo Campaign Medal with one bronze service star * North Atlantic Treaty Organization Medal b. deleting the current entry in item 12f and replacing it with the entry "0000  06  09," c. adding the entry "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 19970611-20000727" to item 18, and d. adding the entry "SERVICE IN KOSOVO FROM 20000528-20001206" to item 18. 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 amending his DD Form 214 to show: * award of the Expert Marksmanship Qualification Badge with Rifle Bar * additional military education ____________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. BOARD DATE: 26 January 2017 DOCKET NUMBER: AR20150015014 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: a. his overseas service in Kosovo; b. award of the North Atlantic Treaty Organization (NATO) Medal, Kosovo Campaign Medal with one bronze service star, Army Achievement Medal (AAM), and Expert Marksmanship Qualification Badge; c. his first enlistment period and reenlistment date; and d. additional military education. 2. The applicant states: * his DD Form 214 does not show his military awards when he was overseas * it shows he was a supply specialist and never went overseas * it says he never served with the line unit in Fort Bragg * it does not show his separation or reenlistment * it omitted his military education * it shows he is a Marksman, but it should show he qualified as Expert * while serving in Kosovo he reenlisted * he received the NATO Medal and Kosovo Campaign Medal with one bronze service star 3. The applicant provides: * NATO Medal Certificate * AAM Certificate * DA Form 638 (Recommendation for Award) for award of the AAM * 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 on 11 June 1997 for a period of 4 years. He completed his training and was awarded military occupational specialty 92Y (unit supply specialist). On 27 July 2000, he was honorably discharged for immediate reenlistment. He reenlisted on 28 July 2000 for a period of 3 years. 3. He provided a certificate showing he was awarded the NATO Medal for service with NATO in Kosovo operations during the period 28 May 2000 to 6 December 2000. 4. Task Force, 503d Military Police Battalion (Airborne), Permanent Order Number 286-01, dated 12 October 2000, awarded him the AAM for meritorious achievement as a member of Task Force Falcon 2A, Kosovo Force, NATO Operation Joint Guardian II, during the period 28 May 2000 to 6 December 2000 (total of 6 months and 9 days). 5. On 4 October 2002, he was discharged under honorable conditions (general) for misconduct. 6. His DD Form 214 shows: * he was awarded or authorized the Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and Marksman Marksmanship Qualification Badge with Rifle Bar * the entry "0000  00  00" in item 12f (Foreign Service) * he completed the 8-week Supply Specialist Course in 1997 in item 14 (Military Education) * the entry "IMMEDIATE REENLISTMENTS THIS PERIOD -- 19970611-20000727" in item 18 (Remarks) * no deployments in item 18 7. There is no evidence showing he qualified as Expert with any weapon. 8. There is no evidence showing he completed any additional military training. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who participated in or served in direct support of Operation Joint Guardian after 24 March 1999. 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 areas of eligibility (AOE) or for 60 nonconsecutive days provided this support involves entering the operation's AOE. 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 (24 March 1999 through 10 June 1999) and continued into the Defense Campaign (11 June 1999 to 31 December 2013) entitles a member to only one bronze service star. b. The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the AOE designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized award of the GWOTSM. Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded. c. Marksmanship qualification badges are awarded to indicate the degree in which an individual has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified. Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon. Basic qualification badges are of three classes: Expert, Sharpshooter, and Marksman. An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired. If the bar, which is revoked automatically, is the only one authorized to be worn on the respective basic qualification badge, the award of the badge likewise is revoked automatically. An award once revoked will not be reinstated. 2. Army Regulation 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 established standardized policy for preparation of the DD Form 214. a. The instructions for item 12f stated to enter the total amount of foreign service completed during the period covered by the DD Form 214 from the Soldier's record. b. The instructions for item 14 stated to list formal in-service (full-time attendance) training courses of at least 40 hours successfully completed (include title, length in weeks, and month and year completed). This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. c. The instructions for item 18 for enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214 stated to enter "IMMEDIATE REENLISTMENTS THIS PERIOD (specify dates)." However, for Soldiers who previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except "honorable," enter "CONTINUOUS HONORABLE ACTIVE SERVICE FROM (first day of service which DD Form 214 was not issued) UNTIL (date before commencement of current enlistment)," then enter the specific periods of reenlistments as prescribed above. d. The instructions for item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service also stated to enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. Permanent orders awarded him the AAM. His DD Form 214 does not show this medal. 2. His AAM orders show he served in Kosovo from 28 May 2000 to 6 December 2000, total of 6 months and 9 days. Items 12f and 18 of his DD Form 214 do not show this foreign service and deployment. 3. Based on his service in Kosovo, he is authorized award of the Kosovo Campaign Medal with one bronze service star. His DD Form 214 does not show this award. 4. His NATO Certificate shows he was awarded the NATO Medal for service with NATO in operations in relation to Kosovo during the period 28 May 2000 to 6 December 2000. This award is not shown on his DD Form 214. 5. He served a qualifying period for award of the GWOTSM. His DD Form 214 does not show this medal. 6. Although he contends he qualified as Expert with the rifle, there is no evidence and he provided no evidence to support this contention. 7. His contention that his honorable service during his initial enlistment is not shown on his DD Form 214 has merit. The governing regulation in effect at the time stated to enter the following statement for Soldiers who previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except "honorable": CONTINUOUS HONORABLE ACTIVE SERVICE FROM (first day of service which DD Form 214 was not issued) UNTIL (date before commencement of current enlistment)." This entry is not shown in item 18 of his DD Form 214. 8. However, the evidence of record does not support his contention that his DD Form 214 does not show his reenlistment date. The remarks section of his DD Form 214 shows his immediate reenlistment on 28 July 2000 in the form of the entry: "IMMEDIATE REENLISTMENTS THIS PERIOD -- 19970611-20000727." 9. Although he contends his DD Form 214 omitted his military education, there is no evidence and he provided no evidence showing he completed any military training other than the Supply Specialist Course in 1997. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015014 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015014 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2