BOARD DATE: 8 June 2017 DOCKET NUMBER: AR20160001623 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: 8 June 2017 DOCKET NUMBER: AR20160001623 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 adding the following awards to his DD Form 214: * North Atlantic Treaty Organization Medal * Noncommissioned Officer Professional Development Ribbon * Kosovo[UAu1] Campaign Medal with two bronze service stars 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 adding a foreign award/badge to his DD Form 214. ___________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: 8 June 2017 DOCKET NUMBER: AR20160001623 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) to show award of the North Atlantic Treaty Organization (NATO) Medal, Kosovo Campaign Medal, and German Armed Forces Badge for Weapons Proficiency (Schütenschnur). He also requests a personal hearing, if warranted. 2. The applicant states, in effect, these awards are not listed on his DD Form 214. 3. The applicant provides: * DD Form 214 * memorandum, 8th Finance Battalion, subject: Soldiers Qualifying for the NATO Medal * NATO Medal Certificate * foreign document titled "Ehrenurkunde" * letter of recommendation 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 28 December 1995 and he held a finance military occupational specialty. He extended his enlistment by 11 months to meet service remaining requirements for an overseas tour. 3. He served in Germany from 25 November 1997 to on or about 20 November 2000. He was assigned to the 266th Finance Battalion. 4. He attended and successfully completed the Primary Leadership Development Course (PLDC) from 15 July to 15 August 1997. He took transition leave from 20 to 27 November 2000. 5. He was honorably released from active duty on 27 November 2000 after completing 4 years and 11 months of active service, of which 3 years and 3 days were foreign service. His DD Form 214 shows in: * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Achievement Medal (3rd Award) * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon * item 18 (Remarks) – no entry pertaining to deployments 6. He provides: a. a memorandum signed by the Battalion Commander, 8th Finance Battalion, dated 16 October 2000, listing several Soldiers who deployed in support of Task Force Hawk (Kosovo), the U.S. Army component to NATO lead Operation Allied Force from 27 April 1999 to 30 August 1999 and who were qualified for the NATO Medal; b. a certificate awarding him the NATO Medal for service with NATO during operations in the Former Republic of Yugoslavia from April 1999 to July 1999; c. a foreign document, titled "Ehrenurkunde," with no accompanying English translation. It appears he received a German certificate of commendation for award of the German Armed Forces Badge for Weapons Proficiency (Schütenschnur); and d. a letter of recommendation from a major, dated 31 October 2000, who indicated the applicant worked for him from September to December 1999 at the 10th Soldier Support Battalion in support of stabilization forces located in Tuzla, Bosnia. 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, after 24 March 1999, participated in or served in direct support of various named operations to include Kosovo Task Force Hawk. 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 (AOE) or for 60 nonconsecutive days provided this support involves entering the operations AOE or meet one or more of several criteria. One bronze service star will be worn for participation in each campaign (Kosovo Air Campaign (24 March to 10 June 1999) and Kosovo Defense Campaign (11 June 1999 to 31 December 2013). Qualification for a second bronze service star requires meeting the criteria for both campaigns. b. The Noncommissioned Officer (NCO) Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981. It 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 NCO Professional Development Ribbon with the numeral which identifies the highest level of the NCO Education System successfully completed as follows: * Bar Ribbon Device = Primary Level * 2 = Basic Level * 3 = Advanced Level * 4 = Senior Level 2. Army Regulation 600-8-22 prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. Chapter 9 (Foreign and International Decorations and Awards to U.S. Army Personnel), section V, governs the "Application for Authority for U.S. Army Personnel to Accept and Wear Foreign Badges and Decorations." Paragraph  9-26 governs foreign badges. a. Qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award. Only those badges that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear. b. Commanders (Overseas and in Continental United States) serving in the rank of brigadier general or above and colonel-level commanders who exercise general court-martial authority are delegated authority to approve acceptance, retention, and permanent wear of foreign badges listed in Appendix D. This authority may be further delegated to commanders charged with custody of military personnel record files. The burden of proof rests on the individual Soldier to produce valid justification, that is, orders, citations, or other original copies of the foreign elements that awarded them the badge. Any foreign badges not listed in appendix D will be forwarded to Commander, U.S. Army Human Resources Command (HRC), Awards and Decorations Branch, AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122, for approval. c. Foreign badges listed in appendix D are not annotated in an individual’s Officer/Enlisted Record Brief or entered on the DD Form 214 (Certificate of Release or Discharge from Active Duty). The approved memorandum for acceptance and wear of foreign badges endorsed by the first general officer in the chain of command or HRC Awards and Decorations Branch to include a copy of the certificate and its supporting documents will be entered in the Army Military Human Resource Record of the recipient. Foreign badges authorized for acceptance and wear on the Army uniform are shown in appendix D, table D-1. 3. Army Regulation 15-185 (ABCMR) states ABCMR members will review all applications that are properly before them to determine the existence of an error or injustice. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 4. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Chapter 2 contains guidance for preparation of the DD Form 214. It states: * for item 12f (Foreign Service), enter the total amount of foreign service completed during the period covered by the DD Form 214 * for item 13, enter all awards and decorations for all periods of service * for item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" [UAu2]DISCUSSION 1. By regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case[UAu3]. 2. The applicant served in the Former Republic of Yugoslavia in direct support of Kosovo Task Force Hawk during two named campaigns; therefore, he is authorized award of the Kosovo Campaign Medal with two bronze service stars. 3. He completed the Primary Leadership Development Course from July to August 1997. He is authorized award of the NCO Professional Development Ribbon. 4. His request to add a foreign award/badge to his DD Form 214 is premature. He did not provide an approval memorandum authorizing him to accept and wear the foreign award he claims. He is advised to submit a written request in letter format to HRC for authorization to accept and wear the requested foreign award. Supporting evidence should include said certificate with an English translation. //NOTHING FOLLOWS// [UAu1]His BN CDR signed an MFR stating he served in support of Kosovo Task Force Hawk. Per AR 600-8-22 (25 June 2015), he is eligible for this campaign medal. JMR [UAu2]CE 13 – Irrelevant information in ROP. The latest edition of AR 600-8-22 states Soldiers who participated in or served in direct support of Kosovo Operations including HAWK are eligible for the Kosovo Campaign Medal. JMR [UAu3]The exact dates are not known. However, the applicant provides a memo signed by his BN CDR attesting to the fact he served in support of Operation HAWK for 111 days. Recommend the applicant receive the Kosovo Campaign Medal based on BN CDR signed statement. As the applicant is not asking for his foreign service to be amended in the remarks section of his DD 214; his exact dates of service in Kosovo seem irrelevant. JMR ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001623 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001623 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2