BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160008493 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: 1 August 2018 DOCKET NUMBER: AR20160008493 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 to her DD Form 214: * Global War on Terrorism Service Medal * Kosovo Campaign Medal with one bronze service star * SERVICE IN MACEDONIA FROM 20021001-20030531 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 the adding the Northern Atlantic Treaty Organization Medal to her 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: 1 August 2018 DOCKET NUMBER: AR20160008493 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Kosovo Campaign Medal and the Northern Atlantic Treaty Organization Medal. 2. She states that in October 2002 she deployed with the 212th Military Police (MP) Company and she arrived in Germany on or about April 2003. 3. She provides no additional evidence. 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 2 July 2001 and she was awarded military occupational specialty 31B (MP). 3. Upon the completion of her initial training, she was reassigned to the 212th MP Company, Kitzingen, Germany, from 11 December 2001 - 8 December 2003. 4. On 16 December 2003, the applicant was discharged from active duty under the provisions of Army Regulation (AR) 635-200 (Personnel Separations - Enlisted Personnel), chapter 18, weight control failure. Her DD Form 214 shows: a. In item 12f (Foreign Service), the entry "0002-00-07" indicating she completed 2 years, and 7 days of foreign service during the period covered by the DD Form 214. b. In item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the: * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon c. In item 18 (Remarks), there is no mention of deployments or other service in support of military operations. 5. The applicant's military record is void of any documentation showing she was deployed to Kosovo or that she was authorized the Northern Atlantic Treaty Organization Medal. 6. The Defense Finance and Accounting Service (DFAS) records indicate that the applicant received imminent danger pay for service in Macedonia from 1 October 2002 to 31 May 2003. REFERENCES: 1. AR 600-8-22 (Military Awards) states: 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 Operation Allied Force (24 March 1999 through 10 June 1999); Operation Joint Guardian (11 June 1999 through a date to be determined); Operation Allied Harbour (4 April 1999 through 1 September 1999); Operations Sustain Hope/Shining Hope (4 April 1999 through 10 July 1999); Operation Noble Anvil (24 March 1999 through 20 July 1999); or Kosovo Task Forces Hawk (5 April 1999 through 24 June 1999), Saber (31 March 1999 through 8 July 1999), or Hunter within the Kosovo Air Campaign (24 March to 10 June 1999) or the Kosovo Defense Campaign (22 June 1999 to a date to be determined) areas of eligibility. b. The North Atlantic Treaty Organization Medal was authorized by the Secretary-General of North Atlantic Treaty Organization for specific North Atlantic Treaty Organization 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 North Atlantic Treaty Organization. Current operational campaign medals will continue to be awarded to those personnel who apply within two years of departing the operational area. c. When a North Atlantic Treaty Organization Medal certificate was not issued during the period a Soldier was deployed, approval is required from the Supreme Headquarters Allied Powers Europe (SHAPE) J-1. Effective 1 January 2011, the North Atlantic Treaty Organization no longer accepts requests for medals submitted more than 2 years past the period of deployment; the applicant's deployment is outside this 2-year window. d. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined. 2. AR 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states for: a. Item 13, enter awards and decorations for all periods of service. b. Item 18, 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- YYYYMMDD)". DISCUSSION: 1. DFAS verifies the applicant was deployed to Macedonia, and received imminent danger pay for the period 1 October 2002 through 31 May 2003 (equating to 8 months). a. DFAS is considered the authoritative source when determining foreign service credit based on receipt of hostile fire pay/imminent danger pay. However, their system may not show all locations to which a Soldier was sent during this deployment. b. While her total foreign service of 2 years and 7 days is already reflected in item 12f of her DD Form 214, her deployment to Macedonia is not. Furthermore, this deployment is a qualifying period of service for award of the Kosovo Campaign Medal. She also participated in one campaign which authorizes her one bronze service star for wear on this award. 2. The applicant's active duty service after 1 September 2001, meets the criteria for award of the award of the Global War on Terrorism Service Medal. 3. With regard to the North Atlantic Treaty Organization Medal, the applicant is required to have a North Atlantic Treaty Organization Medal certificate in order to add this medal to her DD Form 214. Her record does not contain this certificate and she does not provide it. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160008493 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160008493 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2