IN THE CASE OF: BOARD DATE: 30 October 2020 DOCKET NUMBER: AR20200002303 APPLICANT REQUESTS: his DD Form 214 (Certificate of Release or Discharge from Active Duty) to be amended to add his foreign service credit (FSC) and the Combat Infantryman Badge (CIB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * DD Form 215 (Correction to DD Form 214) * CIB orders * Medical records FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states both his foreign service and his CIB were omitted on his DD Form 214. He has a disability earned in Iraq. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 for the period ending 7 March 2004 will be administratively corrected without Board action to show: * Combat Infantryman Badge * Global War on Terrorism Expeditionary Medal * Iraq Campaign Medal with one bronze service star * Valorous Unit Award 4. The Board will consider the applicant's request for correction of his DD Form 214 to add his foreign service. 5. The applicant provides medical records showing his medical condition(s) during service. 6. A review of the applicant’s service records shows: a. He enlisted in the Regular Army on 8 March 2001. He held military occupational specialty (11C) Indirect Fire Infantryman. b. Permanent Orders 196-06, issued by Headquarters, 4th Infantry Division (Mechanized) dated 15 July 2003, awarded him the CIB for participating in combat operations under enemy hostile fire to liberate Iraq in support of Operation Iraqi Freedom from 24 April 2003 to 15 June 2003. c. There are no other documents in his service record to confirm his exact dates of service in Iraq (or Kuwait). d. His DD Form 214 shows he was honorably released from active duty on 7 March 2004 for completion of required active service. He completed 3 years of active service. His DD Form 214 shows in: * Block 12f (Foreign Service): 0 years, 0 months, and 0 days * Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): Army Lapel Button, National Defense Service Medal, Army Service Ribbon * Block 18 (Remarks): no entry documenting his deployment * Block 29 (Dates of Time Lost During this Period): None e. A DD Form 215, dated 16 February 2006, added award of the Army Achievement Medal with first Oak Leaf Cluster to his DD Form 214. f. Verification from Defense Finance Accounting Service shows the applicant’s pay records reflect the following for foreign service: Kuwait from 13 April 2003 to 28 November 2003. f. His service records do not contain any derogatory documentation nor does it contain any orders awarding him the Army Good Conduct Medal. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is warranted. 2. The Board found the records from DFAS sufficient as a basis for correcting the applicant's DD Form 214. The Board determined items 12f and 18 of his DD Form 214 should be corrected to reflect his period of deployed service in Kuwait/Iraq from 13 April 2003 to 28 November 2003. 3. The Board found the applicant met the criteria for award of the Army Good Conduct Medal (1st Award). The Board determined he should be awarded this medal and it should be added to his DD Form 214. 4. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 awarding him the Army Good Conduct Medal (1st Award) for the period 8 March 2001 through 7 March 2004 and by amending his DD Form 214 as follows: * Add to item 12f – 0000 07 16 * Add to item 13 – Army Good Conduct Medal (1st Award) and the awards listed in Administrative Note(s) below * Add to item 18 – Service in Kuwait/Iraq from 20030413 to 20031128 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows his DD Form 214 should be amended by: adding the following awards: * Combat Infantryman Badge * Global War on Terrorism Service Medal * Iraq Campaign Medal with bronze service star * Valorous Unit Award REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-5 (Separation Documents), provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, for: * Block 12f (Foreign Service), enter the total amount of foreign service completed during the period covered by the DD Form 214 is to be taken from the Enlisted Record Brief * Block 18 (Remarks), for an active duty Soldier deployed with his or her unit during their continuous period of active duty will have item 18 annotated with “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD- YYYYMMDD” 3. 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 are: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) * Iraqi Governance (29 June 2004-15 December 2005) * National Resolution (16 December 2005-9 January 2007) * Iraqi Surge (10 January 2007-31 December 2008) * Iraqi Sovereignty (1 January 2009-31 August 2010) * New Dawn (1 September 2010-31 December 2011) b. The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq 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 days or 60 nonconsecutive days are authorized the GWOTSM. c. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. 4. Department of the Army General Orders 2010-16, dated 3 September 2010, announced award of the Valorous Unit Award to 2nd Battalion, 8th Infantry, for the period 24 April 2003 to 22 March 2004. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200002303 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1