BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20150017939 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: 9 May 2017 DOCKET NUMBER: AR20150017939 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 amending his DD Form 214 for the period ending on 31 October 2003 by: a. adding in item 12f the entry "0000 03 22”; b. adding in item 13 the following awards: * Global War on Terrorism Service Medal * Global War on Terrorism Expeditionary Medal c. adding in item 18, “SERVICE IN KUWAIT/IRAQ 20030404 – 20030726.” ____________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: 9 May 2017 DOCKET NUMBER: AR20150017939 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 item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he deployed to Iraq from March 2003 to August 2003. 2. The applicant states his expiration term of service (ETS) date was supposed to be on 23 March 2003; however, it was extended for stop loss due the military going to war, which changed his ETS date to 31 October 2003. 3. The applicant does not provide any supporting documentation. 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. On 24 March 2000, the applicant enlisted in the Regular Army. Upon completion of initial training he was awarded military occupational specialty 92Y (Unit Supply Specialist). 3. The applicant’s official military personnel file does not contain orders or an Enlisted Record Brief (ERB) that shows he served in Iraq in support of Operation Iraqi Freedom (OIF) or Operation Enduring Freedom (OEF). 4. On 31 October 2003, the applicant was honorably released from active duty upon completion of required active service. His DD Form 214 shows the following information: a. Item 12c (Net Active Service This Period) – 3 years, 7 months, and 7 days. b. Item 12f (Foreign Service) – no foreign service. c. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Army Lapel Button * National Defense Service Medal * Army Service Ribbon d. Item 18 (Remarks) – no entry showing a period of deployed service. 5. The Defense Finance and Accounting Service (DFAS) confirmed that he received hostile fire/imminent danger pay and combat zone tax exclusion for his deployment to Kuwait from 4 April 2003 through 26 July 2003. 6. There is no evidence in the available records indicating the applicant entered Iraq during his deployment. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Global War on Terrorism Service Medal (GWOTSM) 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 (GWOTEM), Afghanistan Campaign Medal (ACM), or Iraq Campaign Medal (ICM). 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 (GWOTSM). b. The Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general area of eligibility encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. Chapter 2 contained item-by-item instructions for preparation of the DD Form 214 and specified to enter: a. In item 12f, the total amount of foreign service completed during the period covered. b. In item 18, 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)" in the remarks block. DISCUSSION: 1. The applicant contends that item 18 of his DD Form 214 should be corrected to show his period of foreign service in Iraq. 2. The DFAS confirmed the applicant served in Kuwait from 4 April 2003 to 26 July 2003. The available records do not show that he entered Iraq during his deployment. 3. Based on the applicant's service in Kuwait from 4 April 2003 through 26 July 2003, he completed a period of qualifying service for award of the GWOTEM. 4. The applicant served a qualifying period of service to be eligible for the GWOTSM, which is not shown on his DD Form 214. 5. Item 12f of the applicant’s DD Form 214 does not list his foreign service in Kuwait from 4 April 2003 to 26 July 2003. 6. Item 18 of his DD Form 214 does not list his foreign service in Kuwait from 4 April 2003 to 26 July 2003. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017939 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017939 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2