IN THE CASE OF: BOARD DATE: 31 May 2016 DOCKET NUMBER: AR20150010365 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: 31 May 2016 DOCKET NUMBER: AR20150010365 BOARD DETERMINATION/RECOMMENDATION: 1. 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 his DD Form 214 for the period ending 31 May 2007 by: a. deleting from block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Global War on Terrorism Expeditionary Medal (GWOTEM) and adding the Iraq Campaign Medal (ICM) with two bronze service stars; and b. adding to block 18 (Remarks) the entry "SERVICE IN KUWAIT AND IRAQ FROM 20030413-20040323." 2. The Board determined that an administrative error in the record of the individual concerned should be corrected. Block 13 of the applicant's DD Form 214 erroneously shows he was awarded or authorized the Korean Service Medal. The period of eligibility for the Korean Service Medal ended prior to the applicant's date of birth. Therefore, the Board requests that the ARBA CMD administratively correct block 13 of the applicant's DD Form 214 by deleting the Korean Service Medal. _____________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: 31 May 2016 DOCKET NUMBER: AR20150010365 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 the Iraq Campaign Medal (ICM) in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM). 2. The applicant states he was deployed in support of Operation Iraqi Freedom (OIF) from April 2003 to March 2004, with 2nd Battalion, 8th Infantry Regiment, 4th Infantry Division, Fort Hood, TX. 3. The applicant provides a DA Form 638 (Recommendation for Award) and a DA Form 4980-5 (Bronze Star Medal 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. Following prior active service, the applicant reenlisted in the Regular Army on 17 June 1987. 3. The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for Kuwait during the period 13 April 2003 through 23 March 2004 (11 months and 10 days). 4. On 31 May 2007 he was honorably retired from the Army. a. Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the: * Bronze Star Medal * Meritorious Service Medal (2nd Award) * Army Commendation Medal (5th Award) * Army Achievement Medal (5th Award) * Army Good Conduct Medal (6th Award) * National Defense Service Medal (2nd Award) * Korean Service Medal * Southwest Asia Service Medal with two bronze service stars (2nd Award) * GWOTEM * Global War on Terrorism Service Medal * Korea Defense Service Medal * Non-Commissioned Officer Professional Development Ribbon (3rd Award) * Army Service Ribbon * Overseas Service Ribbon (3rd Award) * Kuwait Liberation Medal-Kuwait * Combat Infantryman Badge * Expert Infantryman Badge b. Block 18 (Remarks) of his DD Form 214 does not reflect the dates of his service in Kuwait and Iraq. 5. The applicant provides a DA Form 638 and a Bronze Star Medal Certificate, both annotated as Permanent Orders Number 333-53, issued by Headquarters, 4th Infantry Division on 26 December 2003. These documents show he was awarded the Bronze Star Medal for exceptionally meritorious service while assigned as a platoon sergeant during OIF. He participated in numerous attacks, raids, and patrols throughout the Ba'qubah, Iraq province during the period 11 April 2003 to 15 December 2003. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. It states: a. The ICM is awarded to members who 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 ICM period of eligibility is on or after 19 March 2003 to 31 December 2011. 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. Service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005 in an area for which the ICM was subsequently authorized will remain qualified for that medal. Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service. No service member will be entitled to both medals for the same act, achievement, or period of service. c. The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. 2. Army Regulation 635-5 (Separations Documents), in effect at the time, 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 the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation provided that for block 18 (Remarks), for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show the ICM in lieu of the GWOTEM was carefully considered. 2. DFAS records confirm the applicant received HF/IDP and CZTE for service in Kuwait during the period 13 April 2003 through 23 March 2004. His Bronze Star Medal places him in Iraq during the period from 11 April 2003 to 15 December 2003. 3. The applicant was authorized the GWOTEM for his service in Kuwait and Iraq. The ICM may be issued for service in Iraq during that period; however, receipt of both the GWOTEM and the ICM for the same period of service is not authorized. Since he elected award of the ICM in lieu of the GWOTEM, it would be appropriate to correct his DD Form 214 accordingly. 4. The applicant participated in two campaigns during his service in Iraq. Therefore, two bronze service stars should be affixed to his ICM in recognition of his campaign participation. 5. Block 18 of the applicant's DD Form 214 does not reflect his deployment to Kuwait and Iraq. According to regulatory guidance his deployment should be properly annotated in Block 18. 6. Regarding award of the Korean Service Medal, the period of eligibility for the Korean Service Medal ended prior to his date of birth. By regulatory guidance he is not eligible for this award. It appears an administrative error occurred when his DD Form 214 was prepared. At this time it would be appropriate to correct his DD Form 214 by removing this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010365 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010365 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2