IN THE CASE OF: BOARD DATE: 22 March 2016 DOCKET NUMBER: AR20150008852 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 22 March 2016 DOCKET NUMBER: AR20150008852 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 as follows: a. replacing the entry in block 12f with "0000 06 00"; b. adding to block 13 the Army Commendation Medal, Iraq Campaign Medal with two bronze service stars, and Global War on Terrorism Service Medal; and c. adding to block 18 "SERVICE IN KUWAIT/IRAQ FROM 20030331–20030930 " 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 an earlier date of foreign service. ____________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: 22 March 2016 DOCKET NUMBER: AR20150008852 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 records by including on his DD Form 214 (Certificate of Release or Discharge from Active Duty) his period of service in Iraq and by awarding him the Iraq Campaign Medal. 2. The applicant states he served in Iraq from 20 January 2003 through 21 June 2003. Award of the Iraq Campaign Medal was made retroactive to March 2003. 3. The applicant provides a copy of an Army Commendation Medal Certificate. 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 served on active duty in the Regular Army from 15 September 1999 through 20 December 2003. 3. The applicant received the Army Commendation Medal for his period of service from 20 January 2003 through 21 June 2003 in direct support of combat operations during Operation Iraqi Freedom while assigned to Headquarters and Headquarters Company, 4th Infantry Division Support Command, in Iraq. 4. The applicant's DD Form 214 shows at: a. block 12f (Foreign Service) – "0000 00 00"; b. block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – Army Lapel Button, Army Good Conduct Medal, National Defense Service Medal, and the Army Service Ribbon; and c. block 18 (Remarks) – no entry reflecting foreign service. 5. A review of his pay records, held by Defense Finance and Accounting Service (DFAS), shows he was authorized Hostile Fire/Imminent Danger Pay for the period 31 March 2003 through 30 September 2003 with a country of service location being shown as Kuwait. 6. The applicant's service record does not include any documentation that shows his duty assignments, locations, and/or dates of those assignments. Nor does it document his period of deployment as reflected in the DFAS pay records. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Global War on Terrorism Service Medal 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 designated areas of eligibility, on or after 11 September 2001 to a future date to be determined. b. The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011. c. A bronze service star is authorized for wear with Iraq Campaign Medal for participation in each credited campaign. Approved campaigns are – * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) * Iraqi Governance (29 June 2004-15 December 2005) * National Resolution (16 December 2005-9 January 2007) * Iraqi Surge (10 January 2007-31 December 2008) * Iraqi Sovereignty (1 January 2009-31 August 2010) * New Dawn (1 September 2010-31 December 2011) 2. 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 establishes standardized policy for preparing and distributing the DD Form 214 and states: a. enter the total amount of foreign service completed during the period covered in block 12c; b. block 18 is for mandatory requirements when a separate block is not available and as a continuation for entries in blocks 11, 13, and 14. It provides that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the following; "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD–YYYYMMDD)". DISCUSSION: 1. The applicant meets the eligibility criteria for award of the Global War on Terrorism Service Medal and the Iraq Campaign Medal. 2. The applicant's award of the Army Commendation Medal was omitted from his DD Form 214. 3. The applicant's Army Commendation Medal Certificate shows he was awarded the medal for meritorious service in support of Operation Iraqi Freedom from 20 January 2003 to 21 June 2003. 4. However, DFAS pay records show he was authorized Hostile Fire/Imminent Danger Pay for a deployment to Kuwait from 31 March 2003 through 30 September 2003. 5. Without additional documentation to clarify what the correct dates of the applicant's foreign service during Operation Iraqi Freedom, the substantiated dates to be utilized for the entries at block 12f and block 18 are those in the DFAS records. 6. Based on either set of dates for his service in Kuwait/Iraq, the applicant is eligible for the Iraq Campaign Medal with two bronze service stars for the Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004) campaign periods. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings AR200150008852 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2