BOARD DATE: 15 August 2017 DOCKET NUMBER: AR20160003386 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: 15 August 2017 DOCKET NUMBER: AR20160003386 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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: * awarding the Army Good Conduct Medal for the period 25 February 1997 through 24 February 2000 * amending his DD Form 214 for the period ending 24 February 2000 as follows: * Item 12f, delete "0000/00/00" and add "0000/05/05" * Item 13, add the Army Good Conduct Medal (1st Award), Kosovo Campaign Medal with bronze service star, and Army Superior Unit Award * Item 18, add "SERVICE IN ALBANIA/KOSOVO 19990417 - 19990915." 2. The Board further determined that 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: 15 August 2017 DOCKET NUMBER: AR20160003386 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 his foreign service as well as the Kosovo Campaign Medal and the North Atlantic Treaty Organization (NATO) Medal. 2. The applicant states he deployed with the 2nd Battalion, 505th Parachute Infantry Regiment (PIR), out of Fort Bragg, NC, to Albania, Macedonia, and Kosovo from April 1999 to September 1999. He did not receive overseas service credit or associated awards for this foreign service. He served with Mr. Ja__ Na__ (still active) and Mr. Fr__ Up__ (discharged). Both men received these awards. 3. The applicant provides his 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 25 February 1997 and he held military occupational specialty 92G (Cook). He was assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion, 505th PIR, Fort Bragg, NC. 3. He was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 24 February 2000. His DD Form 214 shows he completed 3 years of active service with no lost time and he was fully eligible to reenlist. It also shows in: * Item 12f (Foreign Service) – zero credit * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – the Army Lapel Button, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and Parachutist Badge * Item 18 (Remarks) does not reflect an overseas deployment to Albania, Macedonia, or Kosovo 4. The applicant's DA Form 2-1 (Personnel Qualification Record) does not reflect any foreign service or any deployments. 5. An email, dated 7 July 2017 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 1 April 1999 to 30 September 1999. 6. Permanent Orders Number 102-01, issued by Headquarters, 82nd Airborne Division, on 12 April 1999, ordered 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. 7. On 11 April 2001, the U.S. Total Army Personnel Command (now called the U.S. Army Human Resources Command (HRC)) issued a memorandum approving the Army Superior Unit Award to Task Force 2nd Battalion, 505th PIR, including Companies A, B, C, D, and HHC of the 2nd Battalion, 505th PIR, for the period 15 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. AR 600-8-22 (Military Awards) prescribes policies and procedures for 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 designated operations, including Noble Anvil (24 March 1999 through 10 June 1999) area of eligibility. (1) 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 or for 60 nonconsecutive days provided this support involves entering the operation's area of eligibility or meet one or more of several other, specified criteria. (2) A bronze service star is displayed on the Kosovo Campaign Medal for each campaign in which a Soldier participates. There are two campaigns: Kosovo Air Campaign 1999 (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 the Soldier meet the criteria for both campaigns. The 30 consecutive days that begin during the air campaign, and continue into the defense campaign entitles the Soldier to only one bronze service star. b. The NATO Medal was authorized by the Secretary-General of NATO 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. (1) To add the NATO Medal to a Soldier's records, the Soldier must have the NATO certificate awarding him the medal, simply meeting the criteria is not enough. (2) In those cases where a NATO certificate was not issued during the period the Soldier was in the operational area, NATO is the approval authority, and a request must be made through the Soldier's chain of command to the Supreme Headquarters Allied Powers Europe (SHAPE) J-1. However, effective 1 January 2011, NATO revised its policy to state all NATO Medal requests must have been submitted within 2 years of leaving the operational area. Requests for medals that are submitted outside this 2-year period will not be processed. 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, and Eagle Assist. c. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. The following period of continuous enlisted active Federal military service qualifies for award: each 3 years completed on or after 27 August 1940. 3. Army Regulation 25-22 (The Army Privacy Program), paragraph 7-1 provides that the Army is limited from disclosing a record from a system of records without obtaining the prior written consent of the individual concerned. Personal privacy interests are protected by two provisions of the Freedom of Information Act with exemptions to most personal records, such as personnel, medical and similar records. The statutory basis for this program is Title 5, U.S. Code, section 552c. DISCUSSION: 1. According to the applicant's DFAS pay records, he received hostile fire/imminent danger pay for service in Albania from 1 April to 30 September 1999, a period of 6 months. a. At the time, hostile fire/imminent danger pay was paid for the entire month regardless of when the Soldier deployed during the month. Additionally, the orders that ordered the 2nd Battalion, 505th PIR deployed were effective on or about 17 April 1999 and the unit was awarded the Army Superior Unit Award for the period 15 April to 22 September 1999. b. It is reasonable to presume, based on the evidence of record, that the applicant deployed with his unit in support of Operation Noble Anvil and served in Albania/Kosovo from 17 April to 15 September 1999, a period of 5 months and 5 days. This foreign service/deployment is not listed on his DD Form 214. 2. Based on this deployment to Albania/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. 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 HHC, 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. The applicant appears to have met the criteria for award of the Army Good Conduct Medal (1st Award): * he completed 3 consecutive years of active service with no lost time or any derogatory information * he attained the rank/grade of SPC/E-4 and deployed to Albania/Kosovo * there is no commander's disqualifying memorandum in his record that prevented him from receiving this award 5. With regard to the NATO Medal, the applicant is required to have a NATO certificate in order to add the NATO Medal to his DD Form 214. His service record does not contain this certificate. 6. While the applicant provides the names of two Soldiers he served with whom he claims received the awards he is now asking for, the U.S. Code and Army regulation prevent the Board or its staff from accessing another Soldier's record without their explicit permission. In addition, each Soldier receives an award or service ribbon based on the merits of their individual service record and as prescribed by Army or Department of Defense policies or directives. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003386 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003386 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2