BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160000802 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: 16 May 2017 DOCKET NUMBER: AR20160000802 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: * awarding the applicant the Army Good Conduct Medal (1st Award) for the period of service 8 July 2008 through 7 July 2011 * deleting from item 12f of his DD Form 214 the entry "0000-00-00" and adding the entry "0000-11-19" * adding to item 13 of his DD Form 214 the Army Good Conduct Medal (1st Award), Iraq Campaign Medal with one bronze service star, and Overseas Service Ribbon * adding to item 18 of his DD Form 214 the entry "Service in Kuwait/Iraq 20090507-20100425" 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 showing his service in Kuwait/Iraq from 6 May 2009 to 17 May 2010. ____________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: 16 May 2017 DOCKET NUMBER: AR20160000802 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 combat service in Iraq from 6 May 2009 to 17 May 2010 and, in effect, any associated awards. 2. The applicant states his DD Form 214 does not list his foreign service. 3. The applicant provides: * DD Form 214 * 1st Armored Division certificate * Assumption of Command orders * Boots on the Ground Memorandum for Record * Pre-Deployment Health Assessment * Permanent Orders (PO) 098-101 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 8 July 2008 and he held military occupational specialty 91H (Track Vehicle Repairer). 3. His records are incomplete. However, his records contain or he provides: a. A certificate, dated 4 July 2009, and issued by the 1st Armored Division confirming his deployment in support of Operation Iraqi Freedom and authorization to wear the former service sleeve insignia of that division. b. Assumption of Command orders indicating Captain DAH assumed command of B Company, 501st Brigade Support Battalion, 1st Stryker Brigade Combat Team, 1st Armored Division, on 30 August 2011. c. Memorandum for Record, dated 25 February 2010 and signed by Captain ALW, B Company, 121st Brigade Support Battalion, 4th Brigade Combat Team, 1st Armored Division, Contingency Operating Base Adder, Talil, Iraq, confirming the applicant's arrival in theater on 6 May 2009. d. A Pre-Deployment Health Assessment, dated 2 April 2009, used to assess the applicant's state of health for deployment to Iraq in support of Operation Iraqi Freedom. e. PO Number 098-101, issued by Headquarters, U.S. Army Air Defense Center, Fort Bliss, TX on an unknown date, listing several names, among them the applicant's. The orders do not indicate the reason for the listing of Soldiers. 4. His DD Form 214 shows he was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 13 July 2011 by reason of "Reduction in Force" and he was assigned a Reentry Code of 1 (fully eligible to reenlist). His DD Form 214 also shows he completed 3 years and 6 days of active service. His DD Form 214 further shows in: * item 12f (Foreign Service) – 0000-00-00 * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon * item 18 (Remarks), no entry regarding service in Iraq 5. An email, dated 3 October 2016, from the Defense Finance and Accounting Service, confirmed that the applicant received hostile fire pay and combat zone tax exclusion for service in Kuwait from 7 May 2009 to 25 April 2010, a period of 11 months and 19 days. 6. His records do not contain any derogatory information in the form of lost time, nonjudicial punishment, court-martial conviction, or a suspension of favorable personnel actions. Likewise, his records do not show he was awarded the Army Good Conduct Medal during his military service. REFERENCES: 1. AR 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states: * for block 12f, enter the total active service completed outside continental United States during the period covered by the DD Form 214 * for block 13, enter awards and decorations from all period of service * for block 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)" 2. AR 600-8-22 (Military Awards) provides for the following awards: a. 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 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns, during his service in Iraq, include the Iraqi Sovereignty (1 January 2009-31 August 2010) campaign. b. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. c. The Overseas Service Ribbon is authorized to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status for successful completion of overseas tours. Table 3-2 of Army Regulation 614-30 (Overseas Service) identifies tour lengths. d. A Frequently Asked Questions Document from the U.S. Army Human Resources Command Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan. The document states: Question: How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon? Answer: Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service). Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office: Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour. The reference is Army Regulation 614-30, table 3-2, rules 5 and 7. Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by DOD; therefore, the Army gives equivalent credit for periods of change of station/tour of duty. DISCUSSION: The applicant’s records are incomplete. However, there is proof he served in Iraq in support of Operation Iraqi Freedom: a. His DFAS pay records confirm his combat service from 7 May 2009 to 25 April 2010, a period of 11 months and 19 days. While the date of arrival in theater is consistent with his contended date and the memorandum titled "Boots on the Ground," the date of departure from theater is problematic. He claims it to be 17 May 2010 but his pay records show this date as 25 April 2010. b. His DFAS pay records likely more accurately depict his service in the combat theater – 7 May 2009 to 25 April 2010, a period of 11 months and 19 days. His DD Form 214 does not show this foreign service/deployment. c. This period of service in Kuwait/Iraq also qualifies him for award of the Iraq Campaign Medal. Additionally, he participated in the Iraqi Sovereignty (1 January 2009-31 August 2010) campaign and is authorized a bronze service star to be worn with the Iraq Campaign Medal. d. Also, based on his completion of 11 months and 19 days of foreign service, he is eligible for award of the Overseas Service Ribbon. This award is not listed on his DD Form 214. e. Finally, the applicant served honorably during for 3 years and 6 days during the period 8 July 2008 through 13 July 2011, including 11 months and 19 days of combat service. When he was separated, he held the rank/grade of SPC/E-4 and he was fully eligible to reenlist. Also, there are no derogatory information on file that would have disqualified him from receiving the Army Good Conduct Medal. The evidence indicates he met the criteria for award of the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of active service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000802 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000802 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2