BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150004848 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 show his foreign service in Iraq from February to July 2003 and to show he was awarded or authorized the Iraq Campaign Medal (ICM). 2. The applicant states his record does not reflect his service in Iraq or his receipt of the ICM for that service. 3. The applicant provides: * DD Form 214 * North-Atlantic Treaty Organization (NATO) Travel Order Number 050-046 * Permanent Orders 050-046, issued by Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, North Carolina on 17 February 2003 * 3 medical documents 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 7 March 2002. He completed his initial entry training and was awarded military occupational specialty 63B (Light Wheeled Vehicle Mechanic). 3. The applicant was honorably discharged on 4 September 2003, by reason of a physical condition, not a disability. His DD Form 214 shows in: a. Item 12f (Foreign Service), the entry "0000 00 00" b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: * National Defense Service Medal * Army Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar c. Item 18 (Remarks), no entry indicating he served in Iraq. 4. Defense Finance and Accounting Service (DFAS) records show he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 10 March 2003 through 15 July 2003, a period of 4 months and 6 days. 5. The applicant provides: a. NATO Travel Order Number 050-046, pertaining to the 28th Combat Area Support Hospital, on which the applicant's name appears; b. Permanent Orders 050-046, issued by Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC on 17 February 2003, which directed the 28th Combat Area Support Hospital to be assigned to the U.S. Central Command Area of Operations (AOR), effective on or about 23 February 2003; and c. Three medical documents, dated on or about 4 July 2003 from medical professionals at the Womack Army Medical Center, Fort Bragg, NC. These documents show the applicant was transferred from the Landstuhl Regional Medical Center, in Germany, via the air evacuation system, after being deployed in Iraq for approximately 6 weeks. 6. Army Regulation 600-8-22 (Military Awards) states: a. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal. b. The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom. The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns include the Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004) campaigns. 7. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contained guidance on the preparation of the DD Form 214. It states for: * item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 * item 18, 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 YYYYMMDD - YYYYMMDD)" DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his DD Form 214 to show his foreign service in Iraq and his authorization for the ICM was carefully considered. 2. DFAS records indicate the applicant was deployed to Kuwait. His medical records indicate he had been serving in Iraq. At the time, he would likely have been processed into the theater of operations through Kuwait prior to moving north into Iraq, which is likely why DFAS records show he served in that country. 3. The DFAS information and his medical records are accepted as sufficient evidence with which to amend item 12f and item 18 of the applicant's DD Form 214 to show he served in Kuwait and Iraq. 4. However, the medical documents he provides have him at Fort Bragg, North Carolina receiving medical attention on 4 July 2003. It is reasonable to revise his dates of service in the theater of operations from 10 March 2003 to 3 July 2003, which is a period of 3 months and 24 days. His exact dates in Iraq are unknown; however, his medical records indicate he was in Iraq for approximately six weeks before leaving theater via air evacuation. Therefore, it is also reasonable to presume he was in Iraq only during the Transition of Iraq (2 May 2003-28 June 2004) campaign period. 5. The evidence of record shows the applicant served on active duty from 7 March 2002 to 4 September 2003. This service period would qualify him for award of the Global War on Terrorism Service Medal, which is not shown on his DD Form 214. 6. The evidence of record also shows his dates of service in Kuwait/Iraq from 10 March 2003 to 3 July 2003 would qualify him for award of the Iraq Campaign Medal with one bronze service star and have it added to his records. BOARD VOTE: ___X_____ ___X_____ __X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 by: a. adding to item 12f, the entry "0000 03 24"; b. adding to item 13, the Global War on Terrorism Service Medal and the Iraq Campaign Medal with one bronze service star; and c. adding to item 18, the entry "SERVICE IN KUWAIT/IRAQ FROM 20030310 – 20030703." _______ _ 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) AR20140021276 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004848 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1