AR20160006074

IN THE CASE OF:

BOARD DATE: 12 May 2016

DOCKET NUMBER: AR20160006074

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

___x____ ____x___ ___x____ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 12 May 2016

DOCKET NUMBER: AR20160006074

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 amending his DD Form 214, item 14 to show he completed the school for Quartermaster and Chemical Equipment Repairer vice Power Generation Equipment Repairer.

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 awarding him the Kosovo Campaign Medal, the North Atlantic Treaty Organization Medal, or Army Achievement Medal (2nd Award), or that he completed hazardous m aterial training.

_____________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.

IN THE CASE OF:

BOARD DATE: 12 May 2016

DOCKET NUMBER: AR20160006074

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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to:

a. Add in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

Kosovo Campaign Medal
North Atlantic Treaty Organization (NATO) Medal
Army Achievement Medal (AAM) (2nd Award)

b. Add in item 14 (Military Education):

Quartermaster and Chemical Equipment Repairer vice Power
Generation Equipment Repairer
hazardous materials (HAZMAT) training

2. He also requests an upgrade of his characterization of service from Under Honorable Conditions (General) to honorable.

3. The applicant states:

a. His DD Form 214 is not accurate.

b. There are several awards and training he completed that are not listed on his DD Form 214.

c. His military occupational specialty (MOS) school in item 14 is incorrect.

d. He had a very difficult time adjusting to the military, as is evidenced by his
two suicide attempts while he was enlisted.

e. He completed the majority of his enlistment and he feels that he served
his unit, the Army and his country honorably.

f. He admits that he was not a perfect Soldier; however, at a minimum, he
should get credit for the awards he earned and the training that he successfully completed.

4. The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years 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. These proceedings will not discuss his request for an upgrade to his characterization of service. This portion of his request has been referred to the Army Discharge Review Board (ADRB).

3. On 7 February 2000, he enlisted in the Regular Army. After initial training, he was awarded MOS 63J (Quartermaster and Chemical Equipment Repairer).

4. On 5 September 2002, he was discharged with a general discharge. His
DD Form 214 shows in:

a. item 11, he completed and was awarded MOS 63J.
b. Item 12f (Foreign Service) 0002 00 28

c. Item 13:

Army Service Ribbon
Overseas Service Ribbon
Marksman Marksmanship Qualification Badge with Rifle Bar

d. Item 14 Power Generator Equipment Repairer Course, 11 weeks, Nov 2000

6. There is no evidence of record to show the applicant was awarded the Kosovo Campaign Medal, NATO Medal or AAM (1st and 2nd Award), or that he completed HAZMAT training, nor does he provide any documentation to show he was awarded the medals or completed the training.

REFERENCES:

1. Army Regulation 600-8-22 states the Kosovo Campaign Medal 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 the Operation Allied Force (24 March 1999 through 10 June 1999) area of eligibility (AOE). 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. One 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 (on 24 March 1999 and ended on 10 June 1999) and continued into the Defense Campaign (on 11 June 1999 to a date to be determined) entitles a member to only one bronze service star.

2. The NATO Medal was authorized by the Secretary-General of NATO 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. Acceptance of the NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of NATO operations in the former Republic of Yugoslavia from 1 July 1992 through a date to be determined. In a message, dated 10 July 1996, the Commander in Chief, U.S. Army Europe, retroactively expanded the AOE for the NATO Medal to include the countries of Italy, Greece, Hungary, and Austria.

3. 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.

4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
The AAM is awarded to any member of the Armed Forces of the United States, who while serving in a non-combat 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.

5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, 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 contains guidance on preparation of the DD Form 214 and provides item-by-item preparation instructions. The instructions for Item 11 state, in pertinent part, to enter the titles of all MOSs served for at least 1 year and include for each MOS the number of years and months served.

DISCUSSION:

1. The applicants DD Form 214, item 11, shows he received MOS 63J. It is reasonable to conclude he should have the school listed on his DD Form 214, item 14 as Quartermaster and Chemical Equipment Repairer vice Power Generation Equipment Repairer.

2. He has not provided a certificate to show he was awarded the Kosovo Campaign Medal, NATO Medal or the AAM (1st and 2nd Award). Additionally, he has not provided any documentation to show that he completed HAZMAT training.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20160006074

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20160006074

4

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2