IN THE CASE OF: BOARD DATE: 23 March 2017 DOCKET NUMBER: AR20150016529 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 IN THE CASE OF: BOARD DATE: 23 March 2017 DOCKET NUMBER: AR20150016529 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.  adding the following awards to his DD Form 214 for the period ending 20 April 2002: * National Defense Service Medal * Kosovo Campaign Medal with one bronze service star * Global War on Terrorism Service Medal * Driver and Mechanic Badge * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Grenade Bar b.  adding the entry "SERVICE IN ALBANIA FROM 19990426-19990704" to block 18 of his DD Form 214 for the period ending 20 April 2002. 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 award of the Army Achievement Medal, Armed Forces Service Medal, and North Atlantic Treaty Organization Medal. ____________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: 23 March 2017 DOCKET NUMBER: AR20150016529 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 20 April 2002 to show his deployment to Kosovo/Albania and award of the: * Army Achievement Medal * National Defense Service Medal * Kosovo Campaign Medal * Armed Forces Service Medal * North Atlantic Treaty Organization (NATO) Medal 2. The applicant states: a.  His combat tour in Kosovo/Albania was not included on his DD Form 214 for the period ending 20 April 2002. b.  His Army Achievement Medal and Armed Forces Service Medal were not listed on his DD Form 214 for the period ending 20 April 2002. c.  He was not awarded the Kosovo Campaign Medal or NATO Medal. d.  His deployment and excluded awards are preventing him from receiving benefits and membership authorization for combat veterans. Additionally, the Department of Veterans Affairs does not accept his service-connected medical conditions. He has made attempts the correct the errors on his DD Form 214 but has not received any response. 3. The applicant provides copies of his Master Military Pay Account printouts for May through August 1999. 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 U.S. Army Reserve on 11 March 1988. 3. On 16 June 1989, he entered active duty for training. 4. On 9 September 1989, he was honorably released from active duty for training. His DD Form 214 for this period shows award of the Marksman Marksmanship Qualification Badge with Rifle Bar and Army Service Ribbon. 5. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows award of the: * Marksman Marksmanship Qualification Badge with Grenade Bar on 28 July 1988 * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) on 5 August 1988 6. On 14 February 1992, he was transferred to the U.S. Army Reserve Control Group (Annual Training) due to unsatisfactory participation. 7. On 29 July 1997, he enlisted in the Regular Army. 8. Detachment A, 55th Personnel Services Battalion, Permanent Orders 047-016, dated 16 February 1999, awarded him the Driver and Mechanic Badge. 9. The Defense Finance and Accounting Service confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Albania during the period 26 April 1999 through 4 July 1999. 10. On 20 April 2002, he was honorably discharged due to disability with severance pay. He completed 4 years, 8 months, and 22 days of active service during this period and he had 5 months of prior active service and 7 years, 7 months, and 2 days of prior inactive service. His DD Form 214 for this period shows he was awarded or authorized the: * Army Good Conduct Medal * Army Service Ribbon * Overseas Service Ribbon 11. His records are void of evidence showing he was awarded the Army Achievement Medal or was presented a NATO Certificate for award of the NATO Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a.  The Army Achievement Medal is awarded to any member of the Armed Forces of the United States, or to any member of the armed forces of a friendly foreign nation, who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal. b.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. c.  The Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, meet the following criteria: (1)  participated in or served in direct support of Kosovo Operations(s): Allied Force; Operation Joint Guardian; Operation Allied Harbour; Operation Sustain Hope/Shining Hope; Operation Noble Anvil; or Kosovo Task Forces Hawk, Saber, Falcon, or Hunter within the Kosovo Air Campaign and/or the Kosovo Defense Campaign areas of eligibility; and (2)  were bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of eligibility or for 60 nonconsecutive days provided this support involved entering the operations’ area of eligibility or met certain other specified criteria. (3) 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. (4) 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. (5)  One bronze service star will be worn for participation in each campaign. 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 to 31 December 2013). Qualification for a second bronze service star requires meeting the criteria for both campaigns. d.  The Global War on Terrorism Service Medal is awarded to all Soldiers on active duty, including Reserve Component Soldiers mobilized, or Army National Guard Soldiers activated on or after 11 September 2001 until a date to be determined and having served 30 consecutive or 60 nonconsecutive days. e.  The Armed Forces Service Medal is awarded to service members of the Armed Forces of the United States who, after 1 June 1992, participate in a U.S. military operation that is deemed to be a significant activity and approved by the Chairman of the Joint Chiefs of Staff. Table 2-6 lists approved designated U.S. military operations for award of the Armed Forces Service Medal. There were no approved operations during the applicant's period of deployment to Albania from 26 April 1999 to 4 July 1999. f.  The NATO Medal is awarded by the Secretary-General of NATO to military and civilian members of the Armed Forces of the United States who participate in designated 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 specific NATO operations. The missions/operations that have been approved by the Secretary of Defense for acceptance and wear of the NATO Medal include operations related to Kosovo from 13 October 1998 to 31 December 2002. 2.  The U.S. Army Human Resources Command website contains a "frequently asked questions" section concerning military awards. The website notes a Soldier must have been issued a certificate to add the NATO Medal to the Soldier's record. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The instructions stated: a.  for block 13, list all Federally recognized awards and decorations for all periods of service. Do not enter foreign or State-level awards on the DD Form 214; and b.  for block 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. His award of the Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars is not shown on his DD Form 214 for the period ending 20 April 2002. 2. Permanent orders awarded him the Driver and Mechanic Badge on 16 February 1999. This badge is not listed on his DD Form 214 for the period ending 20 April 2002. 3. The applicant served qualifying periods for award of the National Defense Service Medal, Kosovo Campaign Medal with one bronze service star, and Global War on Terrorism Service Medal. 4. His deployed service in Albania for the period 26 April 1999 through 4 July 1999 is not recorded on his DD Form 214 for the period ending 20 April 2002. 5. His records are void of evidence showing he was awarded the Army Achievement Medal. 6. There were no approved designated U.S. military operations for award of the Armed Forces Service Medal during the applicant's period of deployment from 26 April 1999 to 4 July 1999 to Albania. 7. There is no available evidence showing he participated in a qualifying mission/operation for award of the NATO Medal. Additionally, his records are void of a copy of the required certificate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016529 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016529 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2