BOARD DATE: 20 December 2016 DOCKET NUMBER: AR20150014478 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: 20 December 2016 DOCKET NUMBER: AR20150014478 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: * deleting from item 12f the entry "0000  00  00" and adding the entry "0000  05  04" * adding to item 13 the Kosovo Campaign Medal with one bronze service star, Army Achievement Medal, and Army Superior Unit Award * adding to item 18 the entry "Service in Kosovo From 19990419 to 19990922" 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 the NATO Medal 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: 20 December 2016 DOCKET NUMBER: AR20150014478 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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) by adding: * Army Achievement Medal * Kosovo Campaign Medal * North Atlantic Treaty Organization (NATO) Medal * Army Superior Unit Award 2. The applicant states he is not sure why the Army Achievement Medal was not added to his DD Form 214. The other three medals were awarded after his separation. 3. The applicant provides: * Permanent Orders (PO) 102-01 and 160-15 (unit deployment orders) * Kosovo Campaign Medal unit roster dated 13 July 2000 * NATO Medal unit roster dated 13 July 2000 * Army Superior Unit Award approval memorandum dated 11 April 2001 * PO Number 003-57 for the Army Achievement Medal 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 on the Regular Army on 26 June 1996 and he held military occupational specialty 11B (Infantryman). He also completed the Basic Airborne Course. 3. He was assigned to the 2nd Battalion, 504th Parachute Infantry Regiment (PIR), 82nd Airborne Division, Fort Bragg, NC. 4. He was honorably released from active duty on 3 August 2000. His DD Form 214 shows: * Item 12f (Foreign Service), "0000-00-00" * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): * Army Lapel Button * Army Good Conduct Medal * Army Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar * Parachutist Badge * Bronze German Armed Forces Parachutist Badge * Item 18 (Remarks) does not reflect service in Kosovo 5. The applicant provides: a. PO Number 102-01, issued by Headquarters, 82nd Airborne Division, on 12 April 1999, ordering the 2nd Battalion, 505th PIR, to deploy on a unit temporary change of station (TCS) in support of Operation Noble Anvil for 179 days beginning on or about 17 April 1999. b. PO 160-15, issued by the 82nd Soldier Support Battalion, on 9 June 1999, reassigning and/or deploying the 2nd Battalion, 505th PIR, to provide force protection in support of Operation Noble Anvil in Albania for approximately 179 days beginning on or about 14 June 1999. c. Memorandum, dated 13 July 2000, from the Battalion Commander, 2nd Battalion, 505th PIR, with a listing of Soldiers (including the applicant's name) who deployed with Task Force Two Panther on a 6-month deployment to Kosovo from 17 April 1999 to 25 September 1999. The memorandum was endorsed by the Commander, 3rd Brigade, who recommended approval of the Kosovo Campaign Medal to the Commanding General, 82nd Airborne Division. d. Memorandum, dated 28 July 2000, from the Brigade Commander, 3rd Brigade to the Commander, 82nd Airborne Division, with a listing of Soldiers (including the applicant's name), indicating they met the prerequisites for the NATO Medal. e. Memorandum, dated 11 April 2001, issued by the U.S. Total Army Personnel Command (now called the U.S. Army Human Resources Command (HRC)) on 11 April 2001, approving award of the Army Superior Unit Award to Task Force 2nd Battalion, 505th PIR, including Companies A, B, C, and D of the 2nd Battalion, 505th PIR, for the period 15 April 1999 to 22 September 1999. f. PO Number 003-57, issued by Headquarters, 2nd Battalion, 505th PIR, awarding him the Army Achievement Medal for achievement while deployed to Albania in support of Operation Allied Force and Kosovo in support of Operation Joint Guardian from 18 April 1999 to 15 September 1999. 6. On 18 October 2016, HRC issued him a DD Form 215 (Correction to DD Form 214) that added the Combat Infantryman Badge. 7. An email, dated 16 November 2016 from the Defense Finance and Accounting Service, Indianapolis, IN, confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) for service in Albania from 19 April 1999 to 22 September 1999. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. * Item 12f is obtained from the Enlisted/Officer Record Brief and shows the total amount of foreign service completed during the period covered by the DD Form 214 * Item 13 states to list all awards and decorations * Item 18 states for an active duty Soldier deployed 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-YYYMMDD)" 2. Army Regulation 600-8-22 (Military Awards) states 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, including the Operation Allied Force (24 March 1999 through 10 June 1999) area of eligibility (AOE). 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 AOE or for 60 nonconsecutive days provided this support involves entering the operation's AOE or meet one or more of several other, specified criteria. 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 (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) makes a member eligible for only one bronze service star. 3. Army Regulation 600-8-22 states the North Atlantic Treaty Organization (NATO) Medal is awarded by the Secretary-General of the North Atlantic Treaty Organization for specific NATO operations. The Secretary of Defense may approve acceptance and wear by U.S. service members who meet the criteria specified by the Secretary-General of NATO. 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 the former Republic of Yugoslavia from 1 July 1992 through a date to be determined. a. The NATO Medal will normally be presented by the Allied Command Europe headquarters exercising operational command or control over U.S. military units or individuals prior to their departure from service with NATO. b. The U.S. Army Human Resources Command website contains a "frequently asked questions" section concerning military awards. The website notes that to add the NATO Medal to a Soldier's record, the Soldier must have been issued a certificate by the Secretary-General. Effective 1 January 2011, the following NATO Medals for previous NATO operations that ended more than 2 years ago will no longer be processed or issued: * Former Yugoslavia * Former Yugoslav Republic of Macedonia * Kosovo * Pakistan Earthquake Relief * Eagle Assist DISCUSSION: 1. The applicant served in Kosovo from 19 April 1999 to 22 September 1999, a period of 5 months and 4 days, as evidenced by the DFAS email and his brigade commander's memorandum, dated July 2000. This deployment/foreign service is not listed on his DD Form 214. 2. Based on his deployment to Kosovo, he is eligible for award of the Kosovo Campaign Medal with one bronze service star, which is not listed on his DD Form 214. Additionally, PO awarded him the Army Achievement Medal, which is not listed on his DD Form 214. 3. HRC published a memorandum on 11 April 2001 approving award of the Army Superior Unit Award to Task Force 2nd Battalion, 505th PIR, including Companies A, B, C, and D of the 2nd Battalion, 505th PIR, for the period 15 April 1999 to 22 September 1999. This award is not listed on his DD Form 214. 4. A memorandum, dated 28 July 2000, from his Brigade Commander to the Division Commander indicated several Soldiers, including the applicant, met the prerequisites for the NATO Medal. The available evidence does not include a certificate issued by NATO to the applicant confirming he received this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014478 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014478 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2