BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017274 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 BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017274 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 to item 18 (Remarks) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 2014 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030501 – 20030831". __________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: 18 April 2017 DOCKET NUMBER: AR20150017274 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. 2. The applicant states, in effect, his service in Iraq is not shown in item 18 (Remarks) of his DD Form 214. 3. The applicant provides: * DD Form 214 for period ending 30 November 2014 * DA Form 638 (Recommendation for Award), dated 19 June 2003, with corresponding DA Form 4980-14 (Army Commendation Medal (ARCOM) Certificate) * Orders 114-12, issued by Headquarters, 1st Armored Division, on 24 April 2003 * memorandum issued by Headquarters, 2nd Armored Calvary Regiment, Baghdad, Iraq, on 23 May 2003, subject: Unit Operational Control Order * Orders 177-27, issued by Charlie Detachment, 55th Personnel Services Battalion, Baghdad, Iraq, on 26 June 2003 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 14 March 1995. 3. The applicant's enlisted record brief (ERB) shows he was assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion, 37th Armor Regiment, in the Federal Republic of Germany, from on or about 20 March 2001 through on or about 5 November 2003. 4. The applicant was honorably retired on 30 November 2014. His DD Form 214 shows in: a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded the Global War on Terrorism Expeditionary Medal among other awards. b. Item 18 (Remarks), the absence of any entry that credits him with a deployment/service in Iraq. There are entries documenting deployments to Afghanistan from 6 March 2005 to 6 March 2006 and from 25 October 2012 to 17 August 2013. 5. Defense Finance and Accounting Service (DFAS) records show the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 1 May 2003 through 31 August 2003, a period of 4 months. 6. The applicant provides: a. A DA Form 638, which shows he was awarded the ARCOM for his performance while assigned to HHC, 2nd Battalion, 37th Armor Regiment, for the period 18 March 2001 through 18 September 2003. It notes his achievements in helping the unit prepare for Operation Iraqi Freedom (OIF). b. Orders 114-21, issued by Headquarters, 1st Armored Division on 24 April 2003, which show his unit was directed to make a temporary change of station move from Germany to Kuwait in order to provide continued support to OIF preparatory tasks and possible future contingencies. The effective time period was on or about 26 April 2003 through on or about 25 April 2004. c. A memorandum issued by Headquarters, 2nd Armored Calvary Regiment, Baghdad, Iraq on dated 23 May 2003, subject: Unit Operational Control Order, which shows the applicant's unit was further assigned under the operational control of the 2nd Armored Calvary Regiment, effective 23 May 2003. d. Orders 177-27, issued by Charlie Detachment, 55th Personnel Services Battalion (PSB), Baghdad, Iraq, on 26 June 2003, which show the applicant was promoted to the rank of sergeant while in Iraq, effective 1 July 2003. REFERENCES: Army Regulation 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system. It provides principles of support, standards of service, policies, tasks, rules, and steps governing required actions in the field to support processing personnel for separation and preparation of separation documents. It provides standardized policy for the preparation of the DD Form 214 and states in block 18 for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (Name of Country Deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. DFAS records show the applicant received HF/IDP and CZTE for service in Kuwait from 1 May 2003 through 31 August 2003. It should be noted that most Soldiers processed their finance paperwork through a finance office in Kuwait. As a result, DFAS often lists Kuwait as the location of service, even though the Soldier actually performed duty in other locations such as Iraq or Afghanistan. 2. In support of his request, the applicant provides promotion orders from the 55th PSB, which he received while stationed in Baghdad, Iraq, on 26 June 2003. Additionally, he provides orders that assigned his unit to deploy from Germany to Kuwait and ultimately to Iraq in support of OIF during his period of service. The evidence shows he was deployed with his unit to Kuwait/Iraq during the period 1 May 2003 through 31 August 2003. This deployment is not recorded in item 18 of his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017274 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017274 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2