IN THE CASE OF: BOARD DATE: 15 April 2021 DOCKET NUMBER: AR20210006546 APPLICANT REQUESTS: foreign service credit for his deployment to Iraq. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * Orders BL-005-0076 dated 5 January 2017 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 he deployed to Iraq on 15 January 2017, but it is not reflected on his DD Form 214 (Certificate of Release or Discharge from Active Duty). He is requesting a DD Form 215 (Correction to DD Form 214) with the updated foreign service credit. 3. The applicant provides Orders BL-005-0076, dated 5 January 2017, Temporary Change of Station (TCS) orders which direct him to deploy in support of Operation Inherent Resolve, not to exceed 365 days, with a proceed date of 15 January 2017. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 4 November 2014. b. His Enlisted Record Brief (ERB) has no foreign service or deployment combat duty documented. c. Orders BL-005-0076, dated 5 January 2017, Temporary Change of Station (TCS) orders direct the applicant to deploy in support of Operation Inherent Resolve, not to exceed 365 days, with a proceed date of 15 January 2017. d. There were two amendments for Orders BL-005-0076, dated 5 January 2017: * Orders BL-005-0076 (A1), dated 3 February 2017, added an additional duty location of Iraq * Orders BL-005-0076 (A2), dated 10 September 2017, updated the accounting classification code e. Orders 066-0512, dated 7 March 2018, released the applicant from active duty with an effective date of 21 May 2018. f. On 21 May 2018, he was honorably released from active duty. His DD Form 214 shows he completed 3 years, 6 months, and 18 days of active service. It also shows no time displayed in Block 12f. (Foreign Service), nor is the location or time documented in Block 18 (Remarks). The applicant was awarded or authorized: * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Global War on Terrorism Expeditionary Medal * Army Service Ribbon 5. On 6 April 2021, a member of the Defense Finance and Accounting (DFAS) staff provided email verification for foreign service and confirmed the applicant served in: * Kuwait from 1 January 2017 to 31 March 2017 * Iraq from 1 April 2017 to 31 October 2017 6. By regulation (AR 635-8), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. In Block 12f (Foreign Service), enter the total amount of service performed outside the continental United States (OCONUS) during the period covered in block 12c. In addition, list periods of deployed service in block 18. BOARD DISCUSSION: 1. After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions, his military record, and regulatory guidance were carefully considered. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214. The Board agreed that DFAS provided sufficient documentation to show he served in Kuwait/Iraq from 1 January 2017 to 31 October 2017 (10 months); thereby warranting correction in this case. 2. The Board further determined that the evidence presented is sufficient for award of the Iraq Campaign Medal. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 XXX XXX XXX 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 amending the DD Form 214 for the period ending 21 May 2018 showing in: * Block 12f (Foreign Service) – add 10 months * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – add Iraq Campaign Medal * Block 18 (Remarks) – add “Served in Kuwait/Iraq from 1 January 2017 to 31 October 2017” 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. 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 635-8 (Separations Processing and Documents) states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. In Block 12f (Foreign Service), enter the total amount of service performed outside the continental United States (OCONUS) during the period covered in block 12c. In addition, list periods of deployed service in block 18. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210006546 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1