BOARD DATE:	  10 March 2015

		DOCKET NUMBER:  AR20140012137 


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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the:

* Driver and Mechanic Badge with  "Mechanic" Bar
* 40-hour Squadron Drivers Training Course
* Army Achievement Medal (3rd Award)
* North Atlantic Treaty Organization (NATO) Medal
* National Defense Service Medal

2.  The applicant states her accomplishments were not properly documented in her military records.

3.  The applicant provides:

* DD Form 214
* Permanent Orders 247-9
* 2 Certificates of Achievement
* Permanent Orders Number 213-07
* Permanent Orders Number 324-22
* Permanent Orders Number 197-6
* Permanent Orders Number 4-04
* One-page Department of Veterans Affairs Rating Decision
* Orders 341-2
* Orders 069-02
* Scroll of Appreciation
* 3 DA Forms 638 (Recommendation for Award)

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 28 March 1996.  She completed training and she was awarded military occupational specialty 63H (Track Vehicle Repairer).

3.  The applicant provides and her record contains an Army Achievement Medal Certificate with Permanent Order Number 324-22, issued by the Commander, 82nd Engineer Battalion, Tuzla, Bosnia-Herzegovina, dated 20 November 1997, which award her the Army Achievement Medal for meritorious achievement as a member of the rear detachment.

4.  On 28 February 2001, she was honorably discharged with severance pay.  Her DD Form 214 shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):
 
* Army Achievement Medal (2nd Award)
* Army Service Ribbon
* Overseas Service Ribbon

b.  item 14 (Military Education):

* German Headstart Course, 1 week, October 1996
* Track Vehicle Repairer Course, 15 weeks, September 1996

5.  A review of the applicant's military personnel records failed to reveal a copy of a NATO certificate or any other evidence showing award of the NATO Medal.
6.  The applicant provides:

   a.  Orders 341-2, issued by Headquarters, 1st Infantry Division, dated             6 December 1996, which attach her to 82nd Engineer Battalion, to support the covering force in Bosnia.
   
   b.  Illegible Orders 069-02, with an attached list of names, which appear to assign the applicant to the 201st Forward Support Battalion for the purpose of Deployment in Support of Operation Danger Guard, proceeding on or about      13 March 1997.
   
   c.  A Scroll of Appreciation, issued by the Commander, United States Army Europe and Seventh Army, for outstanding support of successful peace enforcement operations in the former Republic of Yugoslavia during Operation Joint Guard.
   
   d.  Permanent Orders Number 197-6, issued by Headquarters, 201st Support Battalion, dated 16 July 1999, which award her the Army Achievement Medal (1st oak leaf cluster).
   
   e.  Permanent Orders 257-9, issued by Headquarters and Headquarters Company, 201st Forward Support Battalion, dated 14 September 1999, which award her the Mechanic-M (properly known as the Driver and Mechanic Badge with "Mechanic" Bar).

   f.  Certificate of Achievement, issued by Support Squadron, 11th Armored Cavalry Regiment, dated 13 January 2000, for successfully completing the         40-hour Squadron Drivers Training Course.

   g.  A Certificate of Achievement, issued by Support Squadron, 11th Armored Cavalry Regiment, dated 3 March 2000, for meritorious achievement for scoring a 293 on her Army Physical Fitness Test.
   
   h.  Permanent Order Number 213-07, issued by Headquarters, Regimental Support Squadron, 11th Armored Cavalry Regiment, dated 26 July 2000, which award her the Army Good Conduct Medal (1st Award).
   
   i.  Permanent Orders Number 4-04, issued by Regimental Support Squadron, 11th Armored Cavalry Regiment, dated 4 January 2001, which awarded her the Army Achievement Medal (3rd oak leaf cluster).
   
7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

   a.  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.  No distinguishing device is authorized for wear to indicate the receipt of a Certificate of Achievement.  Copies of Certificates of Achievement or a memorandum of record stating that a Certificate of Achievement has been awarded and citing the service recognized will be distributed to the Official Military Personnel File (OMPF);

	b.  the National Defense Service Medal 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.
	
	c.  chapter 9 (Foreign and International Decorations and Awards to U.S. Army Personnel) provides in paragraph 9-25 that individual decorations may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government or international organization concerned, for the specific award; and

   d.  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.

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

   a.  MILPER Message 11-200, issued 29 June 2011, subject:  Updated NATO Policy Regarding Requests of 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 the former Republic of Yugoslavia (FRY) and former Yugoslavia (Republic of Macedonia); and

   b.  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.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for the preparation of the DD Form 214.  It stated for:

	a.  Item 13, list awards and decorations for all periods of service; and

	b.  Item 14, from the Enlisted Records Brief, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.  There are no provisions for listing courses of less than 1 week in duration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct her DD Form 214 to show award of the:

* Driver and Mechanic Badge with Component Bar "Mechanic"
* 40-hour Squadron Drivers Training Course
* Army Achievement Medal (3rd Award)
* NATO Medal
* National Defense Service Medal

has been carefully examined and found to have partial merit.

2.  Permanent orders awarded her the Army Good Conduct Medal (1st Award).  Therefore, she is entitled to correction of her DD Form 214 to show this award.

3.  Permanent orders awarded her the Driver and Mechanic Badge with Component Bar "Mechanic."  Therefore, she is entitled to correction of her           DD Form 214 to show this badge.

4.  The applicant completed a 40-hour Squadron Drivers Training Course.  The course does not appear to be training for combat skills.  Therefore, it would be appropriate to add "Squadron Drivers Training Course, 1 week, 2000" to            item 14 of her DD Form 214. 

5.  The applicant provided various Certificates of Achievement and a Scroll of Appreciation; however, while they are not authorized to be individually listed on the DD Form 214, it would be appropriate to file her certificates in her OMPF.

6.  Permanent orders awarded the applicant the Army Achievement Medal (3rd oak leaf cluster).  While this indicates a fourth award of the Army Achievement Medal, the applicant requested correction of her records to show a total of three Army Achievement Medals.  The evidence provided and contained in the applicant's records supports her request and does not indicate she ever received a subsequent fourth award of the Army Achievement Medal.  Therefore, she is entitled to correction of her DD Form 214 to show award of the Army Achievement Medal (3rd Award).

7.  With regard to the NATO Medal, the NATO Medal is not an Army award; therefore, this Board has no authority to award it.  If the applicant can provide evidence (a NATO Medal Certificate) showing it has already been awarded, it may be entered on her DD Form 214.  However, in the absence of any official documentary evidence showing award of the NATO Medal for FRY, there is an insufficient evidentiary basis to grant this portion of the applicant's requested relief. 

8.  The governing regulation establishes the specific periods of service during which the National Defense Service Medal is authorized.  The evidence of record 
confirms the applicant's entire period of active duty service was performed after the third period during which the National Defense Service Medal was authorized that ended on 30 November 1995, and prior to the next period during which the National Defense Service Medal was authorized that began on 11 September 2001.

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 adding to her DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Army Achievement Medal (3rd Award)
* Driver and Mechanic Badge with Component Bar "Mechanic"
* Squadron Drivers Training Course, 1 week, 2000

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 adding the NATO Medal and the National Defense Service Medal to her DD Form 214. 



      _________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.



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