BOARD DATE: 31 January 2017 DOCKET NUMBER: AR20150015389 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 BOARD DATE: 31 January 2017 DOCKET NUMBER: AR20150015389 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 amending his DD Form 214 to show the Afghanistan Campaign Medal with one bronze service star and the Iraq Campaign Medal with two bronze service stars. ____________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. BOARD DATE: 31 January 2017 DOCKET NUMBER: AR20150015389 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 add the Iraq Campaign Medal and the Afghanistan Campaign Medal. 2. The applicant states these awards were not on his DD Form 214 and he served in both campaigns. 3. The applicant provides 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 23 May 2000, the applicant enlisted in the Regular Army. He held military occupational specialty 11B (Infantryman) and attained the rank/grade of specialist (SPC)/E-4. 3. He was honorably released from active duty on 21 March 2005. His DD Form 214 shows in: a. Item 12c (Net Active Service This Period), he completed 4 years, 9 months, and 29 days of net active service. b. Item 12f (Foreign Service), the entry "0001 05 05." c. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: * Army Achievement Medal (3rd Award) * Army Commendation Medal (2nd Award) * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Global War on Terrorism Expeditionary Medal * Army Service Ribbon * Overseas Service Bar (3rd Award) * Combat Infantryman Badge d. Item 18 (Remarks) shows “SERVICE IN AFGHANISTAN 20020103 TO 20020606” and “SERVICE IN KUWAIT/IRAQ FROM 20030201 TO 20040201.” 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 who 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. Approved campaigns are: * Liberation of Iraq (19 March 2003 – 1 May 2003) * Transition of Iraq (2 May 2003 – 28 June 2004) b. The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF). 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 a future date to be determined by the Secretary of Defense or the cessation of OEF. A bronze service star is authorized for wear with this medal for participation in each credited campaign. An approved campaign for his period of service is Consolidation I (1 December 2001 – 30 September 2006). 2. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. Chapter 2 establishes standardized policy for the preparation of the DD Form 214. It states that for item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to add the Iraq and Afghanistan Campaign Medals with appropriate service stars was carefully considered. 2. The applicant provided his DD Form 214 that shows in item 18 his service in Afghanistan from 3 January 2002 to 6 June 2002, and in Kuwait/Iraq from 1 February 2003 to 1 February 2004. He is eligible for the Afghanistan Campaign Medal with one bronze service star and the Iraq Campaign Medal with two bronze service stars. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015389 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015389 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2