BOARD DATE: 28 September 2017 DOCKET NUMBER: AR20160001655 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: 28 September 2017 DOCKET NUMBER: AR20160001655 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: * deleting from item 12f of his DD Form 214 the entry "0000-00-00" and adding the entry "0000-06-04" * adding to item 13 of this form the: * Army Commendation Medal * Iraqi Campaign Medal with two bronze service stars * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * adding to item 18 of this form the entry "Service in Kuwait/Iraq: 20030111-20030715" ___________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: 28 September 2017 DOCKET NUMBER: AR20160001655 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 he served in Iraq from 11 January to 11 July 2003. 2. The applicant states this service was omitted from his DD Form 214. 3. The applicant provides his Army Commendation Medal certificate. 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 the cases 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. 2. Having prior U.S. Marine Corps service, the applicant enlisted in the Regular Army on 30 October 2000. He held military occupational specialty 88N (Traffic Management Coordinator). 3. He provided a certificate, dated 31 May 2003, awarding him the Army Commendation Medal for meritorious achievement during Operation Enduring/Iraqi Freedom from 11 January to 11 July 2003, approved by Permanent Orders Number 164-9. 4. He was honorably released from active duty on 20 December 2003 and was transferred to the U.S. Army Reserve Control Group. He was credited with completing 3 years, 1 month, and 21 days of active service. His DD Form 214 lists in: * Item 12f (Foreign Service) – Zero credit * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Army Good Conduct Medal, Marine Corps Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and Expert Marksmanship Qualification Badge with Rifle Bar * Item 18 (Remarks) – No service for Iraq 5. On 8 November 2016, a staff member of the Defense Finance and Accounting Service (DFAS) verified the applicant received hostile fire and imminent danger pay for service in Kuwait/Iraq from 11 January to 15 July 2003, a period of 6 months and 4 days. REFERENCES: 1. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation stated: * Item 12f – would list the total amount of foreign service completed during the period covered by item 12c (Net Active Service This Period) * Item 13 – would list all authorized awards * Item 18 – for active duty Soldiers deployed with their units, it would list the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD)" 2. AR 600-8-22 (Military Awards) states: a. The Iraqi Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom from on or after 19 March 2003 to 31 December 2011; campaign participation during the applicant's period of service included the Liberation of Iraq (19 March to 1 May 2003) and Transition of Iraq (2 May 2003 to 28 June 2004). b. Bronze service stars are worn on campaign and service medals to denote participation in a named campaign. c. The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. Initial award of the Global War on Terrorism Expeditionary Medal is limited to service members deployed abroad in support of Operations Enduring and Iraqi Freedom and New Dawn. Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal was no longer authorized to be awarded for service in Afghanistan and/or Iraq. Soldiers were only authorized award of the Afghanistan and Iraqi Campaign Medal after this date. d. Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. No service member will be entitled to both medals for the same act, achievement or period of service. e. The Global War on Terrorism Service Medal 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, Afghanistan Campaign Medal, or Iraqi Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 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. DISCUSSION: 1. The applicant served in Kuwait/Iraq from 11 January 2003 to 15 July 2003, a period of 6 months and 4 days. His DD Form 214 does not reflect this Foreign service/deployment in items 12f and 18. 2. Orders awarded him the Army Commendation Medal. His DD Form 214 does not list this award. 3. The applicant served in Kuwait/Iraq from 11 January to 15 July 2003. The Army considers 19 March 2003 as the official date when Operation Iraqi Freedom commenced. He appears to have served in Kuwait from 11 January 2003 to presumably 19 March 2003 in support of Operation Enduring Freedom. This period of service qualifies him for award of the Global War on Terrorism Expeditionary Medal 4. The evidence of record further shows he served in Iraq from at least 19 March to on or about 15 July 2003, as per his DFAS pay record. This period of service qualifies him for award of the Iraq Campaign Medal. Additionally, he participated in two campaigns (Liberation of Iraq and Transition of Iraq) during this period of service. He is eligible for award of two bronze service stars to be worn with the Iraq Campaign Medal and correction of his DD Form 214 to show these awards. 5. He served a qualifying period of service for award of the Global War on Terrorism Service Medal. His DD Form 214 does not list 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) AR20160001655 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001655 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2