BOARD DATE:	  6 November 2014

		DOCKET NUMBER:  AR20140004393 


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 an upgrade of his general, under honorable conditions discharge to an honorable discharge and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the positive things that he accomplished during his service in the U.S. Army.

2.  The applicant states that he assumes his military occupational specialty (MOS) and awards were omitted from his DD Form 214 in order to build a stronger case against him for his separation based on misconduct.

   a.  He was very good in his MOS.  He was a member of the Quick Reaction Force in Germany and he assisted both Explosive Ordnance Disposal and Military Police personnel at Camp Bondsteel.  He also trained with a small infantry unit on the Serbian border.  

   b.  He served in Kosovo and was awarded the Army Achievement Medal (AAM), Kosovo Campaign Medal (KCM), and North Atlantic Treaty Organization (NATO) Medal.  He believes he received a general, under honorable conditions discharge because his awards were left off of his DD Form 214.

3.  The applicant provides no documentary evidence in support of his application.


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 3 March 1999 for a period of 3 years.  He was awarded MOS 35C (Avionics Communications Equipment Repairer) and the highest rank/grade he attained was private first class    (PFC)/E-3.

2.  His DA Form 2-1 (Personnel Qualification Record) shows in –

* item 5 (Oversea Service), he was assigned to Germany on 30 November 1999
* item 9 (Awards, Decorations and Campaigns), he was awarded or authorized the –

* Army Service Ribbon (ASR)
* Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar
* First Class (Expert) Marksmanship Qualification Badge with Grenade Bar

* item 17 (Civilian Education and Military Schools), in part, the entry "Avionics Communications Repairer, 24 weeks, Completed,1999"
* item 35 (Record of Assignments), in part, he –

* departed from Advanced Individual Training, Fort Gordon, GA, on 
9 October 1999, enroute to Hanau, Germany
* was assigned to the 127th Aviation Battalion in Duty MOS 35C1O 

3.  He was reduced to the rank/grade of private (PVT)/E-1 on 9 March 2001.

4.  A review of his military personnel records failed to reveal any orders or other evidence that shows he was awarded or authorized the AAM, KCM, or NATO Medal.

5.  His military personnel records do not contain a copy of his separation packet.

6.  Headquarters, U.S. Army, Europe, Hanau, Transition Center, Orders 142-003, dated 22 May 2001, discharged him from the RA effective 30 May 2001.

7.  His DD Form 214 shows he was discharged on 30 May 2001, in the rank/grade of PVT/E-1, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14 (Separation for Misconduct), paragraph 14-12b, based on a pattern of misconduct.  His service was characterized as under honorable conditions (general).  He completed 
2 years, 2 months, and 28 days of net active service during his period of enlistment.  His DD Form 214 also shows in –

* item 11 (Primary Specialty),  "Nothing Follows" (i.e., is blank)
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized),  ASR
* item 14 (Military Education),  Avionics Communications Repairer,
24 weeks, October 1999

8.  On 16 December 2011, the Army Discharge Review Board determined his discharge was proper and equitable.  Accordingly, his request for a discharge upgrade was denied.

9.  The Defense Finance and Accounting Service confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion from 6 June 2000 through 25 October 2000 for service in Macedonia.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The AAM is awarded to members of the Armed Forces of the United States, who while serving 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.

	b.  The KCM 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 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 or Kosovo Defense Campaign areas of eligibility (AOE), which includes Macedonia.  
	 	
		(1)  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.

	 	(2)  A 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 a date to be determined) entitles a member to only one bronze service star.

	c.  The NATO Medal is authorized by the Secretary-General of the North Atlantic Treaty Organization for specific 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.  The NATO Medal for operations related to Kosovo Task Force Hawk (from 5 April 1999 to 24 June 1999) was approved by the Secretary of Defense for acceptance and wear.

11.  The U.S. Army Human Resources Command (HRC), Awards and Decorations Branch website provides information pertaining to military awards.  It also provides links to Military Personnel (MILPER) messages.

   a.  MILPER Message 11-200, issued 29 June 2011, subject:  Updated NATO Policy Regarding Requests for the NATO Medal by U.S. Army Soldiers, shows that, effective 1 January 2011, all NATO Medal requests must be submitted within two years of leaving the operational area.  It also shows 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 Kosovo Operations.

   b.  The HRC, Awards and Decorations Branch website also 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.

12.  Army Regulation 635-200 sets forth the authority for the separation of enlisted personnel.

	a.  Chapter 3, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

   b.  Chapter 14 establishes policy and prescribes procedures for separating personnel for misconduct because of minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, desertion, and absence without leave.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.  However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record.  

13.  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 regulation provides that 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.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2, paragraph 2-4 (Completing the DD Form 214), contains item-by-item instructions for completing the DD Form 214.  It shows for:

   a.  Item 11, enter the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served.  For time determination,
16 days or more count as a month.  Do not count basic training and advanced individual training.

   b.  Item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.
   
   c.  Item18, 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 AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge should be upgraded because the separation authority did not consider the positive aspects of his military service, particularly his awards and decorations, and his DD Form 214 should be corrected to show the correct information.

2.  The evidence of record shows he completed the 24-week Avionics Communications Repairer course for MOS 35C on or about 8 October 1999 and he was assigned overseas to perform duty in MOS 35C.  Thus, it is reasonable to conclude he was awarded MOS 35C.

	a.  A computation of the period he held MOS 35C shows the following:
	2001  05  30		date of separation
	- 1999  10  08		date of award of MOS
	=     01  07  22		or 1 year and 8 months served in MOS

	b.  The evidence of record shows that item 11 of his DD Form 214 (Copy 2 – Service) does not show his MOS.  Thus, it would be appropriate to correct this item.

3.  The evidence of record shows he deployed and served in Macedonia from     6 June 2000 through 25 October 2000.  Thus, it would be appropriate to correct item 18 of his DD Form 214 to show this deployment.

4.  The evidence of record shows he qualified for award of the KCM and he participated in one campaign during his service in Macedonia.  Thus, he is entitled to award of the KCM with one bronze service star.

5.  The evidence of record shows he was authorized the Expert Marksmanship Qualification Badge with Grenade Bar and the Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar.  These marksmanship badges should be added to his DD Form 214.

6.  There are no orders or other evidence of record that shows he was awarded the AAM.  Thus, he is not entitled to correction of his records to show the AAM.

7.  The evidence of record shows, effective 1 January 2011, all NATO Medal requests must be submitted within two years of leaving the operational area. There is no evidence that shows he served under NATO command or operational control in direct support of NATO (Kosovo Operations), that he was issued a NATO Medal Certificate, or that he was awarded the NATO Medal.

8.  The NATO Medal is not an Army award; therefore, this Board has no authority to award it.  If he can provide evidence (i.e., a NATO Medal Certificate) that shows it has already been awarded, it may be entered on his DD Form 214. However, in the absence of any official documentary evidence showing award of the NATO Medal for Kosovo Operations, there is an insufficient evidentiary basis to grant this portion of the requested relief.

9.  The regulations governing the Board's operation require that the discharge process must be presumed to have been in accordance with applicable law and regulations unless the applicant can provide evidence to overcome that presumption.  Therefore, in the absence of evidence to the contrary, the type and character of discharge directed is presumed to have been, and still is, appropriate.
10.  During the period of service under review, he was authorized the ASR and the KCM with one bronze service star.  During this period he was also reduced from PFC (E-3) to PV1 (E-1) and he was discharged based on a pattern of misconduct.  Thus, his record of service during the period under review did not meet the standards of acceptable conduct and performance of duty for Army personnel and he is not entitled to an honorable discharge.

11.  Therefore, in view of all of the foregoing, the applicant's DD Form 214 should be corrected, as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X______  _X_______  _X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

   a.  deleting from item 11 of his DD Form 214 the entry "Nothing Follows" and adding the entry "35C1O, AVIONICS COMMUNICATIONS REPAIRER, 1 YEAR, 8 MONTHS";

	b.  adding to item 13 of his DD Form 214 the –

* Kosovo Campaign Medal with 1 bronze service star
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar

   c.  adding to item 18 of his DD Form 214 the entry, "SERVICE IN MACEDONIA FROM 20000606-20001025"

2.  The Board further determined that 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 upgrade of his general, under honorable conditions discharge, award of the Army Achievement Medal, and award of the North Atlantic Treaty Organization Medal.




      _________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.

ABCMR Record of Proceedings (cont)                                         AR20140004393



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ABCMR Record of Proceedings (cont)                                         AR20140004393



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