BOARD DATE: 31 May 2016 DOCKET NUMBER: AR20150011139 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 BOARD DATE: 31 May 2016 DOCKET NUMBER: AR20150011139 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: a. item 13 to show the Iraq Campaign Medal with one bronze service star and b. item 18 to show "SERVICE IN KUWAIT/IRAQ FROM 20030601-20031002." 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 correcting his DD Form 214 to show his deployment dates were from 5 April 2003 through 2 October 2003. ___________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. BOARD DATE: 31 May 2016 DOCKET NUMBER: AR20150011139 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 deployment to Iraq in 2003 and the Iraq Campaign Medal. 2. The applicant states his DD Form 214 does not reflect that he served in a designated imminent danger pay area. He states he served in Iraq from 5 April 2003 through 2 October 2003. 3. The applicant provides: * Memorandum for Central Out-processing, dated 29 October 2003 * Memorandum for 813th Replacement Company, dated 20 September 2003 * Memorandum for 3rd Corps Support Command, dated 20 September 2003 * Headquarters, V Corps Orders Number 43-03, dated 12 February 2003 * DA Form 2-1 (Personnel Qualification Record – Part II) (page 1) 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. With prior enlisted Regular Army (RA) service, the applicant enlisted in the RA on 25 February 1988. 3. He retired on 31 December 2004. 4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards: * Joint Service Commendation Medal * Army Commendation Medal (2nd Award) * Joint Service Achievement Medal * Army Achievement Medal (3rd Award) * Global War on Terrorism Service Medal * Army Good Conduct Medal (6th Award) * National Defense Service Medal (2nd Award) * Humanitarian Service Medal * Korea Defense Service Medal * Noncommissioned Officer Professional Development Ribbon with Number 3 * Army Service Ribbon * Overseas Service Ribbon (4th Award) * Multinational Force and Overseas Medal (2nd Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Parachutist Badge * Air Assault Badge * Driver and Mechanic Badge with Operator-S Bar * Bronze German Armed Forces Badge 5. Item 18 (Remarks) does not show his service in Kuwait/Iraq. 6. Information obtained from the Defense Finance and Accounting Service reveals that the applicant's master military pay account shows he received hostile fire/imminent danger pay for service in Kuwait from 1 June 2003 through 2 October 2003. 7. The applicant provides a memorandum from the 3rd Corps Support Command, dated 20 September 2003, which shows 1 October 2003 as his redeployment date from Iraq to Germany. 8. He also provided page 1 of his DA Form 2-1. This form shows his dates of service in Kuwait as 18 October 2002 to 23 December 2002 and 4 March 2003 to 5 April 2003. This form also shows his dates of service in Iraq as 5 April 2003 to 2 October 2003. However, these entries are handwritten and the DA Form 2-1 contained in his official record does not contain these overseas service dates. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. The regulation stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It stated that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18 (Remarks). Only deployment in an imminent danger/hostile fire zone will be reflected. 2. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). 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 to a future date to be determined by the Secretary of Defense or the cessation of OIF. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns include the Transition of Iraq (2 May 2003-28 June 2004). DISCUSSION: 1. The applicant's contentions are noted. 2. The evidence of record does not support his contention that he served in Kuwait/Iraq from 5 April 2003 to 2 October 2003. However, the available evidence does show he received hostile fire/imminent danger pay for service in Kuwait from 1 June 2003 through 2 October 2003. It further shows that he was projected to redeploy from Iraq back to Germany effective 1 October 2003. As such, there is only sufficient evidence to indicate he served in Kuwait and Iraq during the period 1 June 2003 through 2 October 2003. According to the applicable regulation, this information should be added on his DD Form 214. 3. Based on the above, it appears he is also authorized the Iraq Campaign Medal with one bronze service star. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011139 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011139 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2