IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150011891 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____X____ ___X_____ ____X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150011891 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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: a.  amending item 12f of his DD Form 214 to show his foreign service as 0000  07  10, b.  adding the following awards to item 13 of his DD Form 214: * Joint Service Commendation Medal * Army Commendation Medal * Joint Service Achievement Medal * Afghanistan Campaign Medal with two bronze service stars * Iraq Campaign Medal with one bronze service star * Combat Action Badge c.  adding the entry "SERVICE IN AFGHANISTAN FROM 20060607-20061005/IRAQ FROM 20070929-20080108" to item 30 of his DD Form 214. 2. The Board further determined 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 correcting his records to show he had three deployments. _____________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: 16 August 2016 DOCKET NUMBER: AR20150011891 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 show his: * three deployments * award of the Combat Action Badge 2. The applicant states his deployments and award of the Combat Action Badge are not shown on his DD Form 214. 3. The applicant provides: * Linn County Veterans Service Office letter, dated 9 July 2015 * Headquarters, Department of the Army, Letter 600-05-01, dated 3 June 2005 * Joint Service Achievement Medal Certificate and Citation * Army Commendation Medal Certificate * Joint Service Commendation Medal Certificate and Citation 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 14 July 2004. 3. Headquarters, Department of the Army, Letter 600-05-1, dated 3 June 2005, awarded him the Combat Action Badge. Award of this badge is not filed in his records. 4. He provided copies of his Joint Service Achievement Medal Certificate and Citation which was awarded by the Commander, Joint Task Force, for the period 17 August 2006 to 20 August 2006. This award is not filed in his records. 5. 75th Ranger Regiment Permanent Orders 71-51, dated 12 March 2007, awarded him the Army Commendation Medal for the period 29 December 2006 to 15 April 2007. This award is not filed in his records. 6. He provided copies of his Joint Service Commendation Medal Certificate and Citation which was awarded by the Commander, Joint Task Force, for the period 30 September 2007 to 10 January 2008. This award is not filed in his records. 7. The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion for the following locations: * Afghanistan during the period 7 June 2006 through 5 October 2006 * Iraq during the period 29 September 2007 through 8 January 2008 8. On 13 July 2013, he was honorably released from active duty. His DD Form 214 shows in: * item 12f (Foreign Service) – 0000  00  00 * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Parachutist Badge 9. His records are void of and he failed to provide evidence of any additional deployments before or after his deployments to Afghanistan during the period 7 June 2006 through 5 October 2006 and Iraq during the period 29 September 2007 through 8 January 2008. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a.  The Iraq Campaign Medal is awarded to members of the Armed Forces 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. Approved campaigns are: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) * Iraqi Governance (29 June 2004-15 December 2005) * National Resolution (16 December 2005-9 January 2007) * Iraqi Surge (10 January 2007-31 December 2008) * Iraqi Sovereignty (1 January 2009-31 August 2010) * New Dawn (1 September 2010-31 December 2011) b.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days or meet one of the following criteria:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility while participating in an operation or on official duties, (2) is wounded or injured and requires medical evacuation from the area of eligibility, or (3) while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations. c.  Under no condition will personnel or units receive the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Afghanistan Campaign Medal, or Armed Forces Expeditionary Medal for the same action, time period, or service. d.  Service members who qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 30 April 2005 in Iraq will remain qualified for the medal. Any such Soldier may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. Soldiers who elect to receive the Global War on Terrorism Expeditionary Medal in lieu of the Iraq Campaign Medal are not authorized bronze service stars for those campaigns in which the Global War on Terrorism Expeditionary Medal is awarded. e.  The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom. The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area. The period of eligibility is on or after 11 September 2001 to 31 December 2014, and Operation Freedom Sentinel from January 15, 2015 to a future date to be determined by the Secretary of Defense or the cessation of Operation Enduring Freedom. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated Afghanistan campaigns are: * Liberation of Afghanistan (11 September 2001-30 November 2001) * Consolidation I (1 December 2001-30 September 2006) * Consolidation II (1 October 2006-30 November 2009) * Consolidation III (1 December 2009-30 June 2011) * Transition I (1 July 2011-date to be determined) 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. Instructions stated: a.  for item 13, list awards and decorations for all periods of service; and b.  for item 18 (Remarks) for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. Permanent orders awarded him the Army Commendation Medal and a letter order awarded him the Combat Action Badge. This award and badge are not listed on his DD Form 214. 2. He served a qualifying period for award of the Afghanistan Campaign Medal with two bronze service stars during the period 7 June 2006 through 5 October 2006. 3. He served a qualifying period for award of the Iraq Campaign Medal with one bronze service star during the period 29 September 2007 through 8 January 2008. 4. His records are void of and he failed to provide evidence of any additional deployments before or after his deployments to Afghanistan during the period 7 June 2006 through 5 October 2006 and Iraq during the period 29 September 2007 through 8 January 2008. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011891 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011891 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2