IN THE CASE OF: BOARD DATE: 1 March 2023 DOCKET NUMBER: AR20220006478 APPLICANT REQUESTS: correction to his DD Form 214 (Certificate of Release or Discharge from Active duty) to add the following: * Armed Forces Expeditionary Medal * Armed Forces Service Medal * NATO Medal APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DD Form 215 (Correction to DD Form 214) * NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) * SF 50 (Notification of Personnel Action) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 previously requested correction to his DD Form 214 to add his missing deployment dates. The deployment dates were added, via DD Form 215; however, the campaign medals for Operation Intrinsic 97-02 (Kuwait, 1997) and Operation Joint Guard/Forge (Bosnia, 1998-1999) were not. Adding these medals will allow him to have Veterans Recruitment Authority (VRA) for his federal government employment. He has been a federal government employee for the past 13 years. 3. The applicant provides: a. DD Form 214 shows he was discharged on 27 April 2001, under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12b, misconduct, with a character of service of general under honorable conditions. He served 4 years, 5 months, and 28 days. b. DD Form 215, dated 17 July 2013, shows his DD Form 214 was corrected as follows: * Item 12f (Foreign Service): (add) 0000 09 23 * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): (add) Army Achievement Medal * Item 18 (Remarks): (add) Service in Kuwait from 19970612 – 19970922 // Service in Bosnia form 19980830 - 19990317 c. NGB Form 22 shows he was honorably discharged on 10 June 2015, under the provisions of NGR 600-200, paragraph 6-35a, expiration of service obligation. He served 6 years net service this period. d. SF 50 shows he is employed with the Veterans Health Administration Police Service as a Police Officer, GS-0083-07, in Phoenix, Arizona. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 30 October 1996. b. The applicant accepted nonjudicial punishment on 21 March 2000 for driving while intoxicated, on or about 11 November 1999, during which time he struck another vehicle in the rear, causing damage. c. The applicant's immediate commander notified him of his intent to separate him from service under the provisions of Army Regulation 635-200 paragraph 14-12(b), for patterns of misconduct. His commander cited his driving while intoxicated, driving with a suspended license, fleeing the scene of an accident, and following too closely. He further noted that the applicant had received negative counseling for being drunk on duty and disorderly conduct. The applicant acknowledged receipt of the proposed separation memorandum. d. The applicant consulted with counsel and was advised of the basis for the contemplated actions to separate him under the provisions of AR 635-200, chapter 14, paragraph 14-12b, its effect of the rights available to him; and of the effect of any action taken by him to waive his rights. e. The separation authority waived further rehabilitative efforts, approved the applicant's discharge under the provisions of Army Regulation 635-200, paragraph 14- 12b, for patterns of misconduct, and directed the issuance of a General Discharge Certificate. f. His DD Form 214 shows he was discharged on 27 April 2001, under the provisions of Army Regulation 635-200, chapter 14-12b, misconduct, with his service characterized as general under honorable conditions. His DD Form 214 shows in: * Block 12f (Foreign Service) 000-00-00 * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) Army Service Ribbon * Block 18 (Remarks) no listing of any deployments g. On 17 July 2013, he was issued a DD Form 215 that corrected his DD Form 214 as follows: * Block 12f (Foreign Service), added 9 months and 23 days * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) added Army Achievement Medal * Block 18 (Remarks) added Service in Kuwait 1997-06-12 to 1997-09-22 and Service in Bosnia 1998-08-30 to 1999-03-17 h. There is no evidence in his records, and he provides none to show he was awarded the NATO Medal. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s available military records the Board determined. the record is absent sufficient evidence showing any recommendations or orders awarding the applicant the North Atlantic Treaty Organization (NATO) Medal. The Board concluded the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature with documentation to support the applicant’s request for the award. Based on this the Board determined relief was not warranted and denied relief. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the correction addressed in Administrative Note(s) below, the Board found the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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): A review of the applicant’s record shows his DD Form 214 should be amended as follows: * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): (add) Armed Forces Expeditionary Medal (add) Armed Forces Service Medal REFERENCES: 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 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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 2–13a states, the Armed Forces Expeditionary Medal (AFEM) may be awarded to Servicemembers of the Armed Forces of the United States who, after 1 July 1958— (1) Participate, or have participated, as members of the U.S. military units in a U.S. military operation in which Servicemembers of any military department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers. (2) Encounter during such participation foreign-armed opposition, or are otherwise placed, or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces were imminent even though it did not materialize. b. Paragraph 2-13d The AFEM will be awarded only for operations for which no other U.S. campaign medal is approved. However, this does not prevent award eligibility for subsequent ongoing operations if the associated campaign medal has been terminated. No individual will be eligible for both the AFEM and a campaign medal awarded during a single tour in the designated operation. For operations in which personnel of only one military Service participate, the medal will be awarded only if there is no other suitable award available to that Service. The military service of the Servicemember on whom qualification for the award of the AFEM is based will have been honorable. c. Paragraph 2–23a states, the Armed Forces Service Medal (AFSM) is awarded to Servicemembers of the Armed Forces of the United States who, after 1 June 1992, meet the following criteria: (1) Participate or have participated, as Servicemembers of U.S. military units, in a U.S. military operation that is deemed to be a significant activity. (2) Encounter no foreign-armed opposition or imminent threat of hostile action. d. Paragraph 2-23b states, the AFSM may be authorized for significant U.S. military activities for which no other U.S. campaign or service medal is appropriate, such as: (1) Peacekeeping operations. (2) Prolonged humanitarian operations. (3) The AFSM may be awarded for U.S. military operations in direct support of the UN or NATO, and for operations of assistance to friendly foreign nations. Award is only appropriate if the NATO, UN, or foreign operation involves a concurrent U.S. Military support operation. e. Paragraph 9-11a states, the North Atlantic Treaty Organization (NATO) Medal is awarded by the Secretary General of NATO to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations. The following missions and/or operations have been approved by the SECDEF, for acceptance and wear: (1) Operations related to the Former Republic of Yugoslavia (1 July 1992 to 12 October 1998). (2) Operations related to Kosovo (13 October 1998 to 31 December 2002). (3) Operation EAGLE ASSIST (12 October 2001 to 16 May 2002). (4) Operation ACTIVE ENDEAVOR (26 October 2001 to a date to be determined). (5) Operations in the Balkans (1 January 2003 to a date to be determined). (6) International Security Assistance Force in Afghanistan (1 June 2003 to 31 December 2014). (7) National Training Implementation Mission-Iraq (18 August 2004 to 31 December 2011). (8) National Training Mission-Iraq (18 August 2004 to 31 December 2011). (9) Operations and activities in relation to Africa, Operations ALLIED PROVIDER, ALLIED PROTECTOR, AND OCEAN SHIELD (1 January 2008 to a date to be determined). (10) Operation RESOLUTE SUPPORT (1 January 2015 to a date to be determined). f. Paragraph 9-11g (Change in North Atlantic Treaty Organization policy) states, effective 1 January 2011, NATO revised its policy to state that all NATO Medal requests must be submitted within 2 years of leaving the operational area. Request for medals for operations that ended 2 years or more prior to the date of request will not be processed. g. Paragraph 9-11h states, all inquiries will be sent via the Service component to Supreme Headquarters Allied Powers Europe Joint Personnel Office and the U.S. National Military Representative by email to js.shape.us-mil-el.mbx.usnmr@mail.mil. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006478 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1