IN THE CASE OF: BOARD DATE: 20 September 2023 DOCKET NUMBER: AR20230004311 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of or participation in: * North Atlantic Treaty Organization Medal * Army Achievement Medal (2nd Award) * Army Good Conduct Medal * Operation Intrinsic Action 97-02, Kuwait APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * North Atlantic Treaty Organization Medal Certificate * Army Achievement Medal Certificate, 6 February 1997 * Army Achievement Medal Certificate, Permanent Orders Number 225-34, 13 August 1999 * Army Good Conduct Medal Certificate, 17 January 1996 to 16 January 1999 * Certificate of Achievement, Task Force 2-12, Intrinsic Action 97-02, Kuwait 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 Board will not consider the following portions of the applicant's requests, as these items will be addressed through an administrative correction: * Army Good Conduct Medal * Army Achievement Medal * North Atlantic Treaty Organization Medal 3. The Board will consider the: Army Achievement Medal (2nd Award) and the Certificate of Achievement. 4. The applicant states, in effect, his records were not updated upon discharge. He assumed they would be automatically corrected. 5. The applicant enlisted in the Regular Army on 17 January 1996. He served in military occupational specialty 13B (Cannon Crewmember). 6. On 16 January 2000, he was honorably released from active duty upon the completion of his required active service. He completed 4 years net active service this period. The DD Form 214 he was issued shows in: * Block 12f, (Foreign Service), the entry "0000 00 00" * Block 13, (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): Army Lapel Button, National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, Marksman Marksmanship Qualification Badge with Rifle Bar * Block 18 (Remarks) does not list any deployments 7. The applicant provides a/an: a. North Atlantic Treaty Organization Medal Certificate for Operation Joint Forge, Bosnia-Herzegovina, for the period 23 February 1999 to 10 September 1999, (a period of 6 months and 19 days). b. Army Achievement Medal Certificate for the period 2 – 31 January 1997, for outstanding achievement while serving as a howitzer driver in Alpha Battery, 3rd Battalion, 82nd Field Artillery, during National Training Center Rotation 97-04. There is no Permanent Order Number on the certificate. In addition, orders could not be found in his Official Military Personnel File (OMPF). c. Army Achievement Medal Certificate citing Permanent Orders Number 225-34, dated 13 August 1999. d. Army Good Conduct Medal Certificate for the period17 January 1996 to 16 January 1999. Permanent Order 306-351, dated 2 November 1998, awarded him the Army Good Conduct Medal for the period 17 January 1996 to 16 January 1999. These orders were found in his OMPF. e. Certificate of Achievement, Task Force 1-12, Intrinsic Action 97-02 – Kuwait. For outstanding performance, dedication to duty and exemplary teamwork, while assigned to Task Force 2-12, 1st Cavalry Division, during Intrinsic Action 97-02. The exact dates are not listed. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was 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 petition, available military records, the Board determined there was sufficient evidence to show the applicant was awarded the Army Achievement Medal (2nd Award) for meritorious service during National Training Center rotation. However, the Board determined based on regulatory guidance, the certificate of achievements is not authorized on the DD Form 214. Therefore, the Board granted partial relief to award the Army Achievement Medal (2nd Award). 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 :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) Army Achievement Medal (2nd Award). 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 award of the Certificate of Achievement. 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 following orders and regulatory cites are sufficient to make the following administrative corrections to the applicant's DD Form 214 for the period ending on 16 January 2000 without action by the Board: a. Add to Block 12f (Foreign Service): "0000-06-19" (23 Feb - 10 Sep 1999) b. Add to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * North Atlantic Treaty Organization Medal (Certificate) * Army Achievement Medal (PO# 225-34, 13 August 1999) * Army Good Conduct Medal (PO# 306-351, 2 November 1998) * Armed Forces Expeditionary Medal (Bosnia) c. Add to Block 18 (Remarks) Service in Bosnia-Herzegovina from 19990223 - 19990910. 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 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In established standardized policy for the preparation of the DD Form 214. In pertinent part, it stated that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form should be complete and accurate. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that for: a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214. b. item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Each entry will be verified by the Soldier’s records. Do not use abbreviations. c. item 18 (Remarks), for an active-duty Soldier deployed with his or her unit during their continuous period of active service, enter statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 3. Army Regulation 600-8-22 states: a. Army Regulation 600-8-22 provides for the issuance of certificates of achievement. It states that commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to individual U.S. military personnel a DA Form 2442 (Certificate of Achievement) or a certificate of achievement of local design. Certificates of achievement will be issued under such regulations as the local commander may prescribe. If a locally designed certificate of achievement is printed for use according to this regulation, it may bear reproductions of insignia. The citation on such certificates will not be worded so that the act or service performed appears to warrant the award of a decoration. No distinguishing device is authorized for wear to indicate the receipt of a certificate of achievement. Copies of certificates of achievement or memoranda of record stating that a certificate of achievement has been awarded and citing the service recognized will be distributed to the Army Military Human Resource Record. b. The Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. The Armed Forces Expeditionary Medal 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. Army Regulation 600-8- 22, tables 2-3, 2-4, and 2-5 address the Armed Forces Expeditionary Medal. Note 3 to Table 2-4 (Armed Forces Expeditionary Medal – designated U.S. military operations in direct support of the United Nations) states only one award of either the Armed Forces Expeditionary Medal or the Armed Forces Service Medal is authorized for participation in or direct support of Operation Joint Forge. 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. he 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) AR20230004311 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1