BOARD DATE: 3 November 2015 DOCKET NUMBER: AR20150004119 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 December 2006 by adding: * a period of foreign service which occurred in 2003 while deployed to Iraq * Army Commendation Medal (3rd Award) * Combat Action Badge * Mechanic's Badge 2. The applicant states the above-cited foreign service and awards were administratively omitted from his DD Form 214 at the time of his release from active duty. 3. The applicant provides: * Permanent Orders (PO) Number 347-191, dated 13 December 2005, issued by Headquarters, 3rd Infantry Division * PO Number 171-008, dated 20 June 2006, issued by Echo Company, 1st Battalion, 502nd Infantry Regiment * three DA Forms 638 (Recommendation for Award) * three Army Commendation Medal Certificates 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 17 September 2002. 3. He was released from active duty on 24 December 2006. His DD Form 214 shows he completed 4 years, 3 months, and 8 days of net active creditable service. a. Item 12f (Foreign Service) shows his total foreign service as 11 months and 19 days (0000/11/19). b. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the following: * Army Commendation Medal (2nd Award) * Army Achievement Medal (3rd Award) * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Global War on Terrorism Service Medal * Iraq Campaign Medal * Army Service Ribbon * Overseas Service Ribbon * overseas service bar (2nd Award) c. Item 18 (Remarks) indicates he served in Iraq from 29 September 2005 to 17 September 2006. During this period he served in two named campaigns: * Iraqi Governance (29 June 2004 to 15 December 2005) * National Resolution (16 December 2005 to 9 January 2007) 4. A review of his official military personnel file (OMPF) reveals PO Number 347-191, dated 13 December 2005, issued by Headquarters, 3rd Infantry Division awarded the applicant the Combat Action Badge for service on 28 October 2005. This order was also provided by the applicant. The order shows he was assigned to Company C, 1st Battalion, 502nd Infantry Regiment. 5. According to the Defense Finance and Accounting Service (DFAS), the applicant received Hostile Fire/Imminent Danger Pay (HF/IDP) and Combat Zone Tax Exclusion for the period 12 June 2003 to 16 February 2004 for Kuwait. This reflects a foreign service period of 8 months and 5 days and qualifying service for one additional Iraq campaign (Transition of Iraq - 2 May 2003 to 28 June 2004). In addition, he received HF/IDP for the period from 30 September 2008 and 19 September 2006 for Kuwait. 6. The applicant provides: a. PO Number 171-008, dated 20 June 2006, issued by Echo Company, 1st Battalion, 502nd Infantry Regiment, awarded him the Mechanic's Badge. b. DA Form 638 which shows award of the Army Commendation Medal by PO Number 089-011, dated 5 April 2006, issued by Headquarters, 2nd Brigade Combat Team, 101st Airborne Division for meritorious service. The period of service recognized is from 1 October 2005 to 20 September 2006. This form shows he was assigned to Company C, 1st Battalion, 502nd Infantry Regiment. c. DA Form 638, showing PO Number 153-034, dated 12 June 2006, issued by Headquarters, 2nd Brigade Combat Team, 101st Airborne Division awarded the applicant the Army Commendation Medal for meritorious achievement during recovery operations of a downed friendly aircraft. The period of service recognized is from 14 May 2006 to 16 May 2006. This form shows he was assigned to Company E, 526th Brigade Support Battalion (BSB), 2nd Brigade Combat Team. d. DA Form 638, with PO Number 244-008, dated 5 September 2006, issued by Headquarters, 2nd Brigade Combat Team, 101st Airborne Division, awarded the applicant the Army Commendation Medal upon his separation from active duty. The period of service recognized is from 1 March 2003 to 1 November 2006. This form shows he was assigned to Company E, 526th BSB, however Part III (Justification and Citation Data) states he was attached to Headquarters and Headquarters Company, 1st Battalion, 502nd Infantry Regiment in June 2003. 7. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. It states a bronze service star is authorized for wear with Iraq Campaign Medal for participation in each credited campaign. 8. Department of the Army General Orders (DAGO) show the following: a. DAGO Number 3, dated 6 November 2007, awarded the Meritorious Unit Commendation to the 1st Battalion, 502nd Infantry Regiment for the period 19 March 2003 to 15 October 2003. b. DAGO Number 12, dated 10 August 2010, awarded the Meritorious Unit Commendation to Company E, 526th Support Battalion, 1st Battalion, 502nd Infantry Regiment, for the period 1 October 2005 to 20 September 2006. 9. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policy and procedures for the completion of the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for: * block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214 * block 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 YYYYMMDD - YYYYMMDD)" DISCUSSION AND CONCLUSIONS: 1. PO awarded the applicant the following awards which are not reflected on his DD Form 214 for the period ending 24 December 2006: * Army Commendation Medal (3rd Award) * Combat Action Badge * Driver and Mechanic Badge with Mechanic Bar 2. DFAS confirmed he was deployed on two occasions to Kuwait (from 12 June 2003 to 16 February 2004 and from 29 September 2005 to 17 September 2006, respectively), but his DD Form 214 only shows the last period. At the time, he would likely have been processed into the theater of operations through Kuwait, which is likely why DFAS records show he served in that country. As a result, item 12f of his DD Form 214 only reflects the 11 months and 19 days of his second deployment. When his initial deployment to Kuwait/Iraq is added, the total foreign service is 1 year, 7 months and 24 days (0001/07/24). 3. Based upon his two deployments to Kuwait/Iraq, he has qualifying service for three Iraq campaigns. These three campaigns should be shown as bronze service stars with his already-awarded Iraq Campaign Medal. There are currently no bronze service stars reflected with his Iraq Campaign Medal. 4. The available evidence supports the applicant was assigned to the 1st Battalion, 502nd Infantry in June 2003. DAGO Number 3, 2007, awarded this unit the Meritorious Unit Commendation for the period 19 March 2003 to 15 October 2003. 5. DAGO Number 10, 2006, awarded the Meritorious Unit Commendation to his unit during his second deployment period to Iraq. 6. Based upon the foregoing, it would be appropriate to correct the applicant's DD Form 214 to incorporate these awards and his total foreign service. BOARD VOTE: ___X_____ ___X_____ ___X_ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 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 amending his DD Form 214 for the period ending 24 December 2006 as follows: a. item 12f, delete "0000/11/19" and replace it with "0001/07/24"; b. delete the Iraq Campaign Medal from Item 13; c. add to Item 13: * Army Commendation Medal (3rd Award) * Iraq Campaign Medal with three bronze service stars * Combat Action Badge * Driver and Mechanic Badge with Mechanic Bar * Meritorious Unit Commendation (2nd Award) d. add to item 18 the entry "Service in Kuwait/Iraq 20030612-20040216." _______ _ 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. ABCMR Record of Proceedings (cont) AR20150004119 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004119 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1