IN THE CASE OF: BOARD DATE: 13 January 2022 DOCKET NUMBER: AR20210009410 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Bosnia- Herzegovina from October 1998 to April 1999, and all awards he is entitled to, to include the North Atlantic Treaty Organization (NATO) Medal and Army Commendation Medal (ARCOM). APPLICANT'S SUPPORTING DOCUMENT CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record). FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, he served in Bosnia with the 147th Medical Battalion out of Brooke Army Medical Center, Fort Sam Houston, Texas. He deployed to Tazar, Hungary, and was in the Kosovo, Bosnia-Herzegovina region during the Kosovo Air Campaign 1999. He claims he has been denied consideration for wartime and peacekeeping awards despite his Leave and Earnings Statements showing pay increases for hostile fire/imminent danger pay. He further claims he was awarded the NATO Medal and an ARCOM, which are not recorded on his DD Form 214. 3. The applicant enlisted in the Regular Army on 7 January 1998. 4. He was honorably released from active duty on 19 November 2001. He completed 3 years, 10 months and 13 days of net active service. Item 12f (Foreign Service) of the DD Form 214 he was issued shows he performed 1 year, 4 months and 1 day of foreign service; however, item 18 (Remarks), does not contain an entry which describes deployed foreign service. The form shows he was awarded or authorized the: * Army Achievement Medal (3rd Award) * Army Good Conduct Medal * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle Bar 5. The applicant's records do not contain evidence of receipt of the ARCOM and NATO Medal. 6. His records contain a copy of his DD Form 2-1 (Personnel Qualification Record) which shows he served in Korea from 19 July 2000 to 18 July 2001. 7. During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account which shows he performed foreign duty and received hostile fire pay/imminent danger pay for service in Bosnia- Herzegovina and Croatia from 26 October to 1998 to 17 March 1999 (a period of 4 months and 20 days). 8. Army Regulation 635-5 (Separation Documents), then in effect, established standardized policy for preparing and distributing the DD Form 214. a. For item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214. b. For item 18, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" for an active duty Soldier deployed with his/her unit during their continuous period of active service. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found partial relief is warranted. 2. The Board found no evidence confirming the applicant was awarded the ARCOM or the NATO Medal. Confirmation of award of the ARCOM requires an approved formal recommendation or an ARCOM Certificate bearing the order number that announced the award, but such documentation was not available. A NATO Medal Certificate is required to add this medal to a Soldier's record, and the required certificate was not available. 3. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XX :XX :XX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 making the corrections described in Administrative Note(s) below. 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 ARCOM and NATO Medal. 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. ADMINISTRATIVE NOTE(S): The regulatory citations on page 4 are sufficient to make the following administrative corrections to the applicant's DD Form 214 for the period ending on 19 November 2001 without action by the Board: a. add the following awards to item 13: * National Defense Service Medal (NDSM) * Korea Defense Service Medal (KDSM) * Global War on Terrorism Service Medal (GWOTSM) * Armed Forces Expeditionary Medal (AFEM) b. add to item 18 the entry, "SERVICE IN BOSNIA-HERZEGOVINA and CROATIA FROM 19981026 - 19990317." REFERENCES: 1. Title 10, United States 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 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. 2. Army Regulation 600-8-22 (Military Awards) states: a. The NDSM 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. b. The KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. c. The GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM. d. The AFEM is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. Table 2-4 (AFEM designated U.S. military operations in direct support of the United Nations), Army Regulation 600-8-22, states the AFEM is authorized for participants deployed in Bosnia-Herzegovina and Croatia, during Operation Joint Forge during the period 21 June 1998 to 2 December 2004. e. 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 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) entitles a member to only one bronze service star. f. The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. g. The NATO Medal is awarded by the Secretary-General to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations. The Secretary of Defense may approve acceptance and wear of the NATO Medal for U.S. Armed Forces personnel who serve under NATO command or operational control in direct support of an approved NATO mission/operation. The NATO Medal for operations related to the former Republic of Yugoslavia (from 1 July 1992 to 31 December 2002) was approved by the Secretary of Defense for acceptance and wear. The Military Awards Branch website provides information pertaining to military awards. It also provides links to Military Personnel (MILPER) messages. MILPER Message 11-200, issued 29 June 2011, Subject: Updated NATO Policy Regarding Requests of the NATO Medal by U.S. Army Soldiers, states that, effective 1 January 2011, all NATO Medal requests must be submitted within two years of leaving the operational area. It also states that effective 1 January 2011, the NATO Medal for previous NATO operations that ended over two years ago will no longer be processed or issued, including the former Republic of Yugoslavia and former Yugoslavia (Republic of Macedonia). The HRC, Military Awards Branch 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 NATO Medal Certificate. 3. Army Regulation 635-5, then in effect, established standardized policy for preparing and distributing the DD Form 214. a. For item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214. b. For item 18, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" for an active duty Soldier deployed with his/her unit during their continuous period of active service. 4. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210009410 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1