IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150012420 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: 30 August 2016 DOCKET NUMBER: AR20150012420 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 the entry in item 12f from his DD Form 214 for the period ending 6 April 2011. b. Adding to his DD Form 214 in: * item 12f – "0000 07 03" * item 13 – Global War on Terrorism Service Medal and Iraq Campaign Medal with one bronze service star * item 18 – "SERVICE IN KUWAIT/IRAQ FROM 20100128 - 20100830" _____________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: 30 August 2016 DOCKET NUMBER: AR20150012420 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 a correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show foreign service time and all awards he was authorized. 2. The applicant states: * he was deployed to Iraq from January 2010 to September 2010 * he was awarded several decorations that are not listed on his DD Form 214 * he is currently applying for Department of Veterans Affairs (VA) benefits * when he reviewed his DD Form 214, he noticed that none of his time in Iraq was included under foreign service and none of his awards he received were listed 3. The applicant provides a copy of his DD Form 214. 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. On 11 June 2009, the applicant enlisted in the Regular Army. After initial training, he was awarded military occupational specialty 11B (Infantryman). He was assigned to the 2nd Battalion, 23rd Infantry Regiment, on 20 November 2009. 3. On 6 April 2011, he was discharged with service characterized as under honorable conditions (general). The DD Form 214 shows in: a. Item 12f (Foreign Service) – no foreign service. b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Army Service Ribbon * National Defense Service Medal c. Item 18 (Remarks) – no entries referencing deployed service. 4. An email from the Defense Finance and Accounting Service (DFAS) dated 24 March 2016 stated the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 28 January 2010 through 30 August 2010 for service in Kuwait, a period of 7 months and 3 days. 5. The applicant’s Enlisted Record Brief (ERB) shows he was assigned to the forward element of the 2nd Battalion, 23rd Infantry Regiment, in Iraq (abbreviated as "IZ") on 28 January 2010. 6. His record is void of and he failed to provide orders or other documentary evidence showing he was deployed to Iraq. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. a. Foreign service, taken from the ERB performed during the period covered in item 12c (Net Active Service This Period) of the DD Form 214 is entered in item 12f. b. All decorations, badges, citations, and campaign ribbons awarded and authorized for all periods of service should be entered in item 13. c. When an active duty Soldier was deployed with his/her unit during the period covered by the DD Form 214, an entry is made in item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the area of eligibility designated for award of the Global War on Terrorism Expeditionary Medal. All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM. b. the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns include Iraqi Sovereignty (1 January 2009-31 August 2010). DISCUSSION: 1. The applicant requests correction of his DD Form 214 for the period ending 6 April 2011 to show his foreign service and appropriate awards and decorations for his service in Iraq. 2. His ERB indicates he was forward deployed to Iraq. Although DFAS records show he was deployed to Kuwait, DFAS records generally only show the country where the Soldier entered the combat theater. The ERB shows he moved forward with his unit to Iraq. He was deployed for a period of 7 months and 3 days. This deployment to Kuwait/Iraq is not documented in item 12f or item 18 of his DD Form 214. 3. The applicant served on active duty from 11 June 2009 to 6 April 2011. This service period would qualify him for award of the GWOTSM. His deployed service meets the criteria for the Iraq Campaign Medal with one bronze service star. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012420 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012420 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2