IN THE CASE OF: BOARD DATE: 25 February 2016 DOCKET NUMBER: AR20150007413 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: a. Add to item 12f (Foreign Service) his service in Iraq from January to September 2003 (8 months). b. Show in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Operation Iraqi Freedom (OIF) Campaign Medal (properly known as the Iraq Campaign Medal), Global War on Terrorism Campaign Medal (properly known as the Global War on Terrorism Expeditionary Medal), and Global War on Terrorism Service Medal. 2. The applicant states item 12f of his DD Form 214 does not include his deployment to Iraq and item 13 does not reflect the awards listed above. He was deployed to Camp Pennsylvania, Kuwait, from January to March 2003 and subsequently participated in combat operations in Iraq as part of OIF from March to September 2003. 3. The applicant provides orders, Standard Form (SF) 603 (Chronological Record of Dental Care), DD Form 689 (Individual Sick Slip), and a statement of support. 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 24 August 1999 and he held military occupational specialty (MOS) 19K (Armor Crewmember). On an unknown date, he was assigned to Company A, 3rd Battalion, 69th Armor Regiment, 3rd Infantry Division (ID), Fort Stewart, GA. 3. The applicant provides: a. Permanent Orders (PO) 9-3, dated 9 January 2003, issued by Headquarters, 3rd ID, showing he and his unit were on orders to deploy to Kuwait in support of Operation Enduring Freedom (OEF) on or about 25 January 2003. b. An SF 603, dated 19 July 2003, showing he received dental treatment on that date at Camp Pennsylvania, Kuwait. c. DD Form 689, dated 19 July 2003, showing his treating dental officer on that date recommended him for 48 hours bedrest until 21 July 2003 and no physical training (light duty) for 10 days until 28 July 2003. 4. the Defense Finance and Accounting Service (DFAS), confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) for service in: * Macedonia from 14 May to 22 November 2001 (6 months and 9 days) * Kuwait from 24 January to 29 July 2003 (6 months and 6 days) 5. He was honorably released from active duty on 31 October 2003 and he was transferred to the Army National Guard. 6. The DD Form 214 he was issued contains the following entries in: * item 12f - "0001--01--15" * item 13 the: * Army Commendation Medal * Army Achievement Medal * Presidential Unit Citation * Army Good Conduct Medal * National Defense Service Medal * Kosovo Campaign Medal * Army Service Ribbon * Army Lapel Button * North Atlantic Treaty Organization (NATO) Medal (Kosovo) 7. Item 18 (Remarks) of his DD Form 214 is void of an entry that shows he deployed to a foreign country during his active duty service. 8. The applicant provides a statement of support, dated 13 March 2015, wherein his former platoon leader stated, in part, not only was he the applicant’s platoon leader, he was also his tank commander and the applicant was his loader while in Kuwait during OEF (January - February 2003), then transitioned to Iraq during OIF (March 2003), until they deployed back to the states around September 2003. 9. A review of the platoon leader’s DD Form 214 confirms he served in Kuwait/Iraq from 22 January to 25 August 2003. 10. A review of the history of the 3rd Battalion, 69th Armor Regiment, shows the unit was the first conventional U.S. Army unit to enter Iraq on 19 March 2003 and served as the "Point of the Spear" for the 3rd ID. The unit participated in many battles to include the capture of Baghdad International Airport. 11. Army Regulation 600-8-22 (Military Awards) states: a. The Iraq Campaign Medal is awarded to members who have served in direct support of OIF. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011. Service members must have been assigned, attached, or mobilized to units operating in the Iraq for 30 consecutive days or for 60 non-consecutive days. A bronze service star is authorized for wear with this medal for participation in each credited campaign. A review of the applicant’s record shows he participated in two campaigns during his service in Iraq. b. 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 the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of eligibility (AOE), or meet other, specified criteria. Initial award was limited to service members deployed abroad in support of OEF/OIF in a number of designated specific geographic AOE, including Kuwait. c. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a date to be determined. d. The Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of designated operations, in a number of designated specific geographic AOE, including Macedonia. Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other specified criteria. One bronze service star will be worn for participation in each campaign. A review of the applicant’s record shows he participated in one campaign during his service in Macedonia. 12. Army Regulation 635-5 (Separation Documents) then in effect prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated in item 12f, enter the amount of foreign service the Soldier completed during the period of service covered by the DD Form 214. In item 18, for an active duty Soldier deployed to a foreign country, enter "SERVICE IN (Name of Country Deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)." DISCUSSION AND CONCLUSIONS: 1. The evidence of record confirms the applicant deployed to Kuwait on 24 January 2003 while assigned to the 3rd Battalion, 69th Armor, the unit history shows the unit moved into Iraq on 19 March 2003 when OIF operations began (after 54 days in Kuwait), and his former platoon leader confirmed he served with the applicant in Kuwait and Iraq. The applicant provided an SF 603 wherein it shows he received dental treatment on 19 July 2003 while at Camp Pennsylvania, Kuwait, and DFAS verified he received HF/IDP for Kuwait from 24 January to 29 July 2003. It appears he returned to Kuwait from Iraq in July 2003 (after 4 months in Iraq) to receive dental treatment and redeployment to Fort Stewart. 2. He served on active duty and in Kuwait and Iraq during a qualifying period for award of the Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and Iraq Campaign Medal; none of which are shown on his DD Form 214. In addition, he participated in two campaigns during his service in Iraq and is authorized two bronze service stars for wear on the Iraq Campaign Medal. 3. He participated in one campaign during his service in Macedonia and is authorized one bronze service star for wear on his already-awarded Kosovo Campaign Medal. 4. The governing regulation states the country and inclusive dates of a Soldier’s foreign service will be listed on his DD Form 214. A DFAS official verified the applicant served in both Macedonia and Kuwait and the evidence of record confirms he also served in Iraq; however, neither period of foreign service is listed on his DD Form 214. 5. With respect to adding his service in Kuwait/Iraq to item 12f of his DD Form 214, the evidence of record confirms item 12f includes his 6 months and 9 days of service in Macedonia and 6 months and 6 days of service in Kuwait/Iraq. While he completed 1 year and 15 days of combined foreign service, item 12f shows 1 year, 1 month, and 15 days of foreign service. However, as it is the practice of this Board not to disadvantage an applicant for having applied to the Board, no action will be taken to correct this entry. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 by: * deleting from item 13 the Kosovo Campaign Medal * adding to item 13 the: * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Iraq Campaign Medal with 2 bronze service stars * Kosovo Campaign Medal with 1 bronze service star * adding to item 18 the entries "SERVICE IN MACEDONIA FROM 20010514 - 20011122" and "SERVICE IN KUWAIT/IRAQ FROM 20030124 - 20030729" 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to item 12f of his DD Form 214 and showing he served in Iraq until September 2003. ___________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) AR20150007413 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007413 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1