IN THE CASE OF: BOARD DATE: 5 November 2015 DOCKET NUMBER: AR20150004154 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) to show his service in Iraq in 2003 and his service medals for the same period. 2. The applicant states, in effect, he was told by the civilian employee that it was too late to change his DD Form 214. He didn’t know any better at the time and accepted the document with the errors. 3. The applicant provides an Army Commendation Medal (ARCOM) 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 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 9 May 2002. He was trained as a Patriot Fire Control Operator. 3. On 1 December 2002, the applicant was advanced to private first class, pay grade E-3. 4. An ARCOM Certificate, as provided by the applicant and as filed in his Official Military Personnel File (OMPF), states that Permanent Orders 112-16, Fort Bliss, Texas, dated 1 May 2003, announced his award of the ARCOM for his actions in combat during Operation Iraqi Freedom from 22 February to 1 June 2003. 5. On 29 December 2003, the applicant was discharged. Item 12f (Foreign Service) contains the entry "0000 00 00." Item 18 (Remarks) does not indicate that he deployed overseas. This form further shows he was awarded or authorized the: * ARCOM * National Defense Service Medal * Army Service Ribbon 6. During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account which shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 20 March to 31 May 2003, a period of 2 months and 12 days. 7. Army Regulation 600-8-22 (Military Awards) states: a. 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 Iraq Campaign Medal. All Soldiers on active duty 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. b. The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom. 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 include the Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004) campaigns. 7. Army Regulation 635-5 (Separation Documents), then in effect, 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 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. The applicant contends that his DD Form 214 should be corrected to show his service in Iraq in 2003 and his service medals for the same period. 2. DFAS records indicate the applicant was deployed to Kuwait from 20 March 2003 to 31 May 2003. The citation for his award of the ARCOM indicates he was in combat in Iraq from 22 February to 1 June 2003 (3 months and 9 days). It is reasonable to believe that the applicant’s chain of command had the best knowledge about when and where he served. Therefore, it would be appropriate to correct his DD Form 214 based on the dates shown on his award citation. 3. The evidence of record shows the applicant served on active duty from 9 May 2002 to 29 December 2003. Therefore, he served a qualifying period for award of the Global War on Terrorism Service Medal and his DD Form 214 should be corrected accordingly. 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: a. deleting from item 12f of his DD Form 214 the current entry and replacing it with the entry "00 03 09" b. adding to his DD Form 214 the : * Global War on Terrorism Service Medal * Iraq Campaign Medal with two bronze service stars; and c. adding to item 18 of his DD Form 214 the statement "SERVICE IN KUWAIT/IRAQ FROM 20030222 - 20030601." ___________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) AR20140021276 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004154 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1