IN THE CASE OF: BOARD DATE: 29 November 2016 DOCKET NUMBER: AR20150015187 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: 29 November 2016 DOCKET NUMBER: AR20150015187 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: * deleting from item 12f of his DD Form 214 the entry "0000-00-00" and adding the entry "0000-04-18" * adding to item 13 of his DD Form 214 the Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Iraq Campaign Medal with 2 bronze service stars, and Army Achievement Medal * adding to item 18 of his DD Form 214 the entry "Service in Kuwait/Iraq 20030121 to 20030604" ____________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: 29 November 2016 DOCKET NUMBER: AR20150015187 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 foreign service in support of Operation Iraqi Freedom and, in effect, the associated awards. 2. The applicant states, in effect, he served in support of Operation Iraqi Freedom, but his service is not reflected on his DD Form 214. He was previously unable to acquire the necessary paperwork to support his claim. 3. The applicant provides: * DD Form 214 * Statement of Qualifying Incident for the Combat Action Badge * Memorandum of attachment * Two letters from his battalion commander to his parents * Letters written to his parents and others * DA Form 638 (Recommendation for Award), dated 15 April 2003 * Orders 008-318, dated 8 January 2003 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 11 July 2000 and he held military occupational specialty 31S (Satellite Communications Systems Operator/Maintainer). He reenlisted on 21 February 2002. 3. He was honorably discharged from active duty on 2 April 2004 due to failure to meet weight control standards. His DD Form 214 shows he completed 3 years, 8 months, and 22 days of active service. His DD Form 214 shows in: * Item 12f (Foreign Service): no credit * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): the National Defense Service Medal and Army Service Ribbon * Item 18 (Remarks): no period of deployment is listed 4. He provides: a. Group Orders 008-318, issued by Headquarters, U.S. Army Artillery Center, Fort Sill, OK, on 8 January 2003, ordering the 3rd Battalion, 13th Field Artillery (FA) to deploy on a temporary change of station from Fort Sill, OK, to Central Command in support of Operation Enduring Freedom. His name listed on the "by-name" unit roster. b. Memorandum for Record, dated 1 May 2006, providing the description of the qualifying incident for the Combat Action Badge, authored by the 214th Fires Brigade Operations sergeant major. It certifies the applicant was present during Operation Iraqi Freedom in 2003. c. Memorandum for Record, dated 12 May 2003, authored by the Assistant Chief of Staff, G-1, 3rd Infantry Division, certifying that C Battery, 3rd Battalion, 13th FA was attached to the 3rd Infantry Division as D Battery, 1st Battalion, 39th FA from 21 January to 31 May 2003 in support of Operation Iraqi Freedom. d. Letters, dated 16 February and 23 April 2003 from the Battalion Commander,1st Battalion, 39th FA, to the applicant's parents and/or spouse from Baghdad updating the recipients on the status of the battalion. e. Letters from the applicant to his parents and/or family. f. DA Form 638, dated 15 April 2003, approving the applicant's award of the Army Achievement Medal for achievement from 20 March to 15 April 2003, by Permanent Orders 022-01, dated 22 January 2004. 5. An email, dated 1 November 2016, from the Defense Finance and Accounting Service, confirmed the applicant received hostile fire pay/imminent danger pay for service in Kuwait from 21 January to 4 June 2003. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for: * Item 12f enter the total amount of foreign service completed during the period covered by the DD Form 214 * item 13, enter all awards, decorations, and badges * item 18 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 YYYYMMDD - YYYYMMDD)" 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 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. The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense. b. The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom. The AOE 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 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns (during his service) are Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004). c. Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. No service member will be entitled to both medals for the same act, achievement, or period of service. d. 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 Global War on Terrorism operations outside of the AOE designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign 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 Global War on Terrorism Service Medal DISCUSSION: 1. The applicant clearly served in Kuwait/Iraq from 21 January to 4 June 2003, a period of 4 months and 18 days. His DD Form 214 does not reflect his foreign service and/or deployment. 2. Based on his service in Kuwait/Iraq, he meets the criteria for award of the Global War on Terrorism Expeditionary Medal in that he served in Kuwait from 21 January 2003 to at least 18 March 2003, the beginning of Operation Iraqi Freedom. He also meets the criteria for the Iraq Campaign Medal with two bronze service stars for service in Iraq from on or about 18 March 2003 to 4 June 2003. 3. He served a qualifying period for award of the Global War on Terrorism which is not shown on DD Form 214. 4. PO awarded him the Army Achievement Medal, which is also not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015187 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015187 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2