IN THE CASE OF: BOARD DATE: 26 October 2023 DOCKET NUMBER: AR20230007964 APPLICANT REQUESTS: a personal appearance hearing before the Board and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Army Achievement Medal * North Atlantic Treaty Organization (NATO) Medal * Armed Forces Expeditionary Medal * Driver and Mechanic Badge with Driver-W bar * Certificate of Achievement * Certificate of Appreciation * Certificate of Service * Manchu Belt Buckle APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 4980-18 (Army Achievement Medal), Permanent Order Number 216- 04, 3 August 2000 * NATO Medal Certificate * Permanent Orders Number 017-11, Headquarters, Engineer Brigade, 2nd Infantry Division, 17 January 2002 * Certificate of Achievement, 16 October 1999 * Certificate of Appreciation, Company B, 1st Engineer Battalion * Certificate of Service, 1st Engineer Battalion, 31 August to 5 December 1999 * Orders Number 285-027, Manchu Belt Buckle Certificate * 7-page Wikipedia Article, 1st Engineer Battalion * Orders 172-00211, Headquarters, 24th Infantry Division (Mechanized), and Fort Riley, KS, 20 June 2000 * Permanent Orders 215-00016, Headquarters, Fort Riley, KS, 3 August 1999 ? 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 as there is sufficient evidence to administratively correct the applicant's DD Form 214 without action by the Board, to add the - * Army Achievement Medal * NATO Medal * Driver and Mechanic Badge with Driver-W bar * Armed Forces Expeditionary Medal * Global War on Terrorism Service Medal * Korea Defense Service Medal 3. The Board will consider the applicant's request to add the following to his DD Form 214: * Certificate of Achievement * Certificate of Appreciation * Certificate of Service * Manchu Belt Buckle 4. The applicant enlisted in the Regular Army on 19 October 1998. He served in military occupational specialty 12B (Combat Engineer). 5. On 30 January 2002, he was honorably discharged. The DD Form 214 he was issued shows in: a. Block 13, (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) Army Good Conduct Medal, Army Service Ribbon, Overseas Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, Marksman Marksmanship Qualification Badge with Rifle Bar. b. Block 12f (Foreign Service) contains the entry, "0001 04 25." c. Block 18 (Remarks) does not include any remarks regarding foreign service. ? 6. The applicant provides the below documentation/evidence, which was not previously addressed, a/an: a. Certificate of Achievement for participation in the joint American-Hungarian engineer training conducted at Slavonski Brod, Croatia from 13 to 16 October 1999. b. Certificate of Appreciation for dedication to duty, and service to the 2nd Brigade Task Force, while assigned as part of Stabilization Force Six (SFOR-6) in Bosnia- Herzegovina. c. Certificate of Service for service in the 1st Engineer Battalion while deployed to Bosnia-Herzegovina as part of SFOR-6 from 31 August to 5 December 1999. d. Manchu Belt Buckle certificate for exemplifying the esprit, traditions, and high standards of the Manchu Warriors, Order Number 285-027. e. 7-page Wikipedia article about the 1st Engineer Battalion in which he highlights a 30 August 1999 deployment to Bosnia-Herzegovina in support of SFOR. The article states upon completing their task, the unit received the NATO Ribbon as well as the Armed Forces Expeditionary Medal. f. Temporary Change of Station orders dated 3 August 1999, assigning his unit to the U.S. Forces Command effective 30 August 1999. Unit was to deploy to participate to Bosnia-Herzegovina in support of Operation Joint Forge, SFOR-6. g. Permanent Change of Station orders dated 20 June 2000, assigning him to the 1st Adjutant General Replacement Company, Korea, effective 10 September 2000. 7. Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 8. Army Regulation 635-8 (Separation and Processing and Documents), establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 5 contains guidance on the preparation of the DD Form 214, to include entering awards, foreign service and remarks pertaining to deployment locations and through dates. ? 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. The Board found the available evidence sufficient to consider this case fully and fairly without a personal appearance by the applicant. 2. The Board noted that the regulation governing preparation of the DD Form 214 does not provide for listing items such as Certificates of Achievement, Certificates of Appreciation, Certificates of Service, and the Manchu Belt Buckle. The Board determined the absence of these items from his DD Form 214 is not an error. 3. The Board concurred with the corrections described in Administrative Note(s) below. 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. 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 correction 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 any relief in excess of that described above. 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): make the following administrative correction to the applicant's DD Form 214 for the period ending on 30 January 2002: a. Add to block 13: * NATO Medal * Army Achievement Medal * Driver and Mechanic Badge with Driver-W bar * Armed Forces Expeditionary Medal * Korea Defense Service Medal * Global War on Terrorism Service Medal b. Add to block 18: //Service in Bosnia-Herzegovina from 990901 – 991215//. 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. d. The NATO Medal is authorized by the Secretary-General of NATO for specific designated 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. 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. Requests for medals for operations that ended 2 years or more prior to the date of request will not be processed. The U.S. Army Human Resources Command website 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 certificate. e. The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM. The GWOTSM may be awarded posthumously. Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded. 4. Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 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) AR20230007964 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1