BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20150018972 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: 18 May 2017 DOCKET NUMBER: AR20150018972 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 for the period ending 20 December 2003 by: a. adding to block 12f – "0000 11 06"; b. adding to block 13 – * Army Commendation Medal (2nd Award) with "V" Device * Army Achievement Medal (3rd Award) * Army Good Conduct Medal * Iraq Campaign Medal with two bronze service stars * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Noncommissioned Officer Professional Development Ribbon * Presidential Unit Citation c. adding to block 14 – "Primary Leadership Development Course, 4 weeks, 2002"; and d. adding to block 18 – "SERVICE IN KUWAIT FROM 20020403-20020930" and "SERVICE IN IRAQ FROM 20030320-20030827." ______________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: 18 May 2017 DOCKET NUMBER: AR20150018972 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 periods of foreign service in Kuwait and Iraq; he was awarded or authorized the Army Commendation Medal (ARCOM) (2nd Award) with "V" Device, the Army Achievement Medal (AAM) (3rd Award), and the Army Good Conduct Medal (AGCM); and he completed the Primary Leadership Development Course (PLDC). 2. The applicant states these achievements were not added to his DD Form 214 at the time of separation. He contends he served in Kuwait from 2 April to 28 September 2002 and in Iraq in support of Operation Iraqi Freedom (OIF) from 20 March to 27 August 2003. 3. The applicant provides: * DA Forms 4980-18 (AAM Certificate), dated 8 June 2001, 20 June 2001, and 13 August 2002 * DA Form 4950 (AGCM Certificate), for the period 17 August 1999 through 16 August 2002 * DA Form 1059 (Service School Academic Evaluation Report), dated 20 December 2002 * PLDC Certificate of Completion, issued by the U.S. Army Noncommissioned Officer Academy (NCOA), Fort Stewart, GA on 20 December 2002 * DA Form 4980-14 (ARCOM Certificate), dated 10 May 2003 * 1st Battalion, 10th Field Artillery Regiment award ceremony program and sequence of events * DA Form 2166-8 (Noncommissioned Officer Evaluation Report), covering the period April 2003 through October 2003 * ARCOM Certificate, dated 25 November 2003 * DD Form 214, for the period ending 20 December 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 17 August 1999. 3. Three AAM Certificates, each including the relevant permanent orders number and issuing authority, show the applicant was awarded the AAM for service during the following periods: * 10 March to 6 April 2001 * 25 May to 30 June 2001 (2nd Award) * 2 April to 28 September 2002 (3rd Award) 4. The applicant was awarded the AGCM (1st Award) for the period 17 August 1999 to 16 August 2002. 5. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 3 April to 30 September 2002 and from 9 January to 14 July 2003. 6. The applicant's records contain a Service School Academic Evaluation Report that shows he successfully completed PLDC, which he attended during the period 20 November to 20 December 2002 (4 weeks). 7. An ARCOM Certificate, including the orders number and issuing authority, shows the applicant was awarded the ARCOM with "V" Device for heroism against a hostile force in Iraq while a member of the 1st Battalion, 10th Field Artillery Regiment. The period of the award is from 20 March to 14 April 2003. 8. A second ARCOM Certificate, including the orders number and issuing authority, shows the applicant was awarded the ARCOM (2nd Award) for service during the period 7 January 2000 to 7 November 2003. 9. The applicant was honorably released from active duty on 20 December 2003. His DD Form 214 shows in: a. block 12f (Foreign Service), no entry that indicates he was credited with the completion of any foreign service; b. block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: * National Defense Service Medal * Army Service Ribbon * Expert Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle Bar * Army Lapel Button c. block 14 (Military Education), no entry that indicates he completed PLDC; and d. block 18 (Remarks), no entry that indicates he deployed in support of any named operations. 10. Permanent Orders Number 110-15, issued by the U.S. Army Human Resources Command (HRC) on 20 April 2009, awarded the Presidential Unit Citation (PUC) to the 1st Battalion, 10th Field Artillery Regiment, for service during the period 19 March to 1 May 2003. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It provides standardized policy for the preparation of the DD Form 214 and states: a. in block 12f, enter the total amount of foreign service completed during the period covered in block 12c (Net Service This Period). b. in block 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier’s records. c. in block 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling. d. in block 18, 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)." 2. Army Regulation 600-8-22 (Military Awards) states: a. The Iraq Campaign Medal (ICM) is awarded to members who have 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 through 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) and Transition of Iraq (2 May 2003-28 June 2004). b. The Global War on Terrorism Expeditionary Medal (GWOTEM) 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 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. Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and OIF in designated specific geographic areas of eligibility, including Kuwait. c. 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 areas of eligibility designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 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. d. The Noncommissioned Officer Professional Development Ribbon (NCOPDR) was established by the Secretary of the Army on 10 April 1981. It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses. Effective 30 March 1989, a service member will be awarded the NCOPDR with the numeral which identifies the highest level of Noncommissioned Officer Education System successfully completed as follows: * 1 = Bar Ribbon Device = Primary Level * 2 = Basic Level * 3 = Advanced Level * 4 = Senior Level DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show his periods of foreign service in Kuwait and Iraq; to show he was awarded or authorized the ARCOM (2nd Award) with "V" Device, the AAM (3rd Award), and the AGCM; and to show his completion of PLDC. 2. DFAS records show the applicant received HFP/IDP and CZTE for service in Kuwait from 3 April to 30 September 2002 (5 months and 28 days). This deployment was not entered on his DD form 214. 3. DFAS records also show he received HFP/IDP and CZTE for service in Kuwait from 9 January to 14 July 2003. The applicant contends he served in Iraq from 20 March to 27 August 2003 (5 months and 8 days). DFAS records routinely show Kuwait as the country of deployment because it was the primary point of embarkation and debarkation for Soldiers deployed in support of OIF, although, as often was the case, all or most of that service was served in Iraq. 4. The dates of service in Iraq provided by the applicant and the dates of service in DFAS records are different; however, based on the fact that OIF began on 19 March 2003 and the fact that the applicant was awarded the ARCOM with "V" Device for service in support of OIF beginning on 20 March 2003, the dates of service in Iraq provided by the applicant should be accepted to justify correction of his DD Form 214 to show his deployment to Iraq in block 18 and to show he performed 11 months and 6 days of foreign service (service in Kuwait and Iraq) in block 12f. 5. The evidence shows he was awarded the ARCOM (2nd Award) with "V" Device and the AAM (3rd Award). These awards are not shown on his DD Form 214. 6. The evidence shows he was awarded the AGCM for the period 17 August 1999 to 16 August 2002. This award is not shown on his DD Form 214. 7. Based on his service in Iraq from 20 March to 27 August 2003, he is authorized the ICM with two bronze service stars. This award is not shown on his DD Form 214. 8. Based on his service in Kuwait from 3 April to 30 September 2002, he authorized the GWOTEM. This award is not shown on his DD Form 214. 9. The applicant is also authorized the GWOTSM for his active duty service outside of the forward deployed area. This award is not shown on his DD Form 214. 10. The evidence shows the applicant completed PLDC, which he attended from 20 November to 20 December 2002 (4 weeks). This course is not shown on his DD Form 214. Additionally, based on completion of PLDC, he is authorized the NCOPDR. 11. The applicant's unit of assignment in Iraq was awarded the PUC for service during the period 19 March to 1 May 2003. This unit award is 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) AR20150018972 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018972 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2