IN THE CASE OF: BOARD DATE: 19 May 2016 DOCKET NUMBER: AR20150010362 BOARD VOTE: ___x_____ __x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 May 2016 DOCKET NUMBER: AR20150010362 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: a. amending item 13 on his DD Form 214 to add the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Expeditionary Medal; and b. amending item 18 to add "SERVICE IN KUWAIT/IRAQ FROM 20020925-20030809." __________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. IN THE CASE OF: BOARD DATE: 19 May 2016 DOCKET NUMBER: AR20150010362 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 participation in Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF). 2. The applicant states he deployed with Service Battery, 1-9 Field Artillery Battalion, which was part of the 2nd Brigade, 3rd Infantry Division of Fort Stewart, Georgia. He states that his battalion remained in Fallujah, Iraq, until moving back to Kuwait in August 2003 and then redeployed to Fort Stewart that same month. 3. The applicant provides no additional evidence. 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 (RA) on 24 September 1998. He completed training as a unit supply specialist. He reenlisted in the RA on 13 March 2001. 3. The Army honorably discharged the applicant on 12 February 2007 upon completion of his required active duty service. He completed 8 years, 4 months, and 19 days of net active duty service this period. 4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows these awards: * Joint Service Commendation Medal * Army Commendation Medal (2nd Award) * Army Achievement Medal (2nd Award) * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Global War on Terrorism Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon 5. Item 18 (Remarks) does not show deployed service in Kuwait/Iraq. 6. Information obtained from the Defense Finance and Accounting Service (DFAS) confirms that per the applicant's master military pay account, he received hostile fire/imminent danger pay for service in Kuwait from 25 September 2002 through 9 August 2003. REFERENCES: 1. 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. The regulation stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It stated that 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 (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18 (Remarks). Only deployment in an imminent danger/hostile fire zone will be reflected. 2. 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 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 to a future date to be determined by the Secretary of Defense or the cessation of OIF. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns include: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) 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 Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. Soldiers must be assigned, attached, or mobilized to a unit participating in OEF in specific geographic areas of eligibility including Kuwait. DISCUSSION: 1. The applicant's contentions are noted. 2. Based on the applicant's overall record of service, it is reasonable to presume that he served in Kuwait from September 2002 to March 2003 and in Iraq from March to August 2003. Accordingly, he is authorized the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Expeditionary Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010362 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010362 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2