IN THE CASE OF: BOARD DATE: 25 October 2016 DOCKET NUMBER: AR20150010969 BOARD VOTE: ____x____ ___x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 25 October 2016 DOCKET NUMBER: AR20150010969 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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: * adding the Iraq Campaign Medal with two bronze service stars to item 13 of his DD Form 214 (Certificate of Release or Discharge from Active Duty) * adding the entry "SERVICE IN IRAQ FROM 20081215-20091201" to item 18 of his 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. IN THE CASE OF: BOARD DATE: 25 October 2016 DOCKET NUMBER: AR20150010969 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 add his service in support of Iraqi Freedom from December 2008 to December 2009 to item 18 (Remarks). 2. The applicant states that item 18 of his DD Form 214 does not reflect his combat service in support of Operation Iraqi Freedom from December 2008 to December 2009. 3. The applicant provides his DD Form 214. 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 24 March 1987 and served through a series of reenlistments and extensions. 3. His record contains a Bronze Star Medal Certificate, which shows Permanent Orders Number 203-014G, published on 22 July 2009, awarded him the Bronze Star Medal for the period 12 December 2008 to 10 December 2009 for exceptional meritorious service as a first sergeant while conducting combat operations during Operation Iraqi Freedom. 4. His DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) for the rated period 10 July 2008 through 28 February 2009 shows he was assigned to E Company, 3rd Battalion, 8th Cavalry Regiment, 1st Cavalry Division, Forward Operating Base Marez, Mosul, Iraq during the rated period. 5. His DD Form 214 shows he was honorably retired on 31 July 2010 and contains the below information: a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not list the Iraq Campaign Medal. b. Item 18 does not reflect service in Iraq or Kuwait during the period of December 2008 through December 2009. 6. The Defense Finance and Accounting Service (DFAS) provided an email transmission, dated 5 January 2015, which confirms the applicant received hostile fire pay, imminent danger pay, and combat zone tax exclusion for service in Kuwait from 15 December 2008 through 1 December 2009. They provide no record that he served in Iraq. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards, and states 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. 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 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. Chapter 2 establishes standardized policy for the preparation of the DD Form 214. It that items 13 and 18 should contain the following entries: * item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 * item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service in (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)" DISCUSSION: 1. DFAS records show the applicant served in Kuwait from 15 December 2008 through 1 December 2009. However, when Soldiers deploy to Iraq their pay is processed through a finance office located in Kuwait. As a result, DFAS records frequently show Kuwait as the location the foreign service was conducted. However, the applicant’s NCOER clearly shows he deployed to Forward Operating Base Marez, Mosul, Iraq. Therefore, it is clear his foreign service was in Iraq and not Kuwait. Item 18 of his DD Form 214 does not reflect this service. 2. He participated in two campaigns while serving in Iraq. He is entitled to award of the Iraq Campaign Medal with two bronze service stars. His DD Form 214 does not reflect this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010969 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010969 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2