IN THE CASE OF: BOARD DATE: 3 October 2017 DOCKET NUMBER: AR20160001766 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: 3 October 2017 DOCKET NUMBER: AR20160001766 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: * deleting award of the Iraq Campaign Medal from his DD Form 214 for the period ending 2 May 2006 * adding award of the Iraq Campaign Medal with two bronze service stars to his DD Form 214 for the period ending 2 May 2006 * deleting award of the Iraq Campaign Medal with campaign star (one bronze service star) from his DD Form 214 for the period ending 25 August 2012 * adding award of the Iraq Campaign Medal with two bronze service stars to his DD Form 214 for the period ending 25 August 2012 * deleting award of the Iraq Campaign Medal with campaign star (one bronze service star) from his DD Form 214 for the period ending 30 September 2014 * adding award of the Iraq Campaign Medal with two bronze service stars to his DD Form 214 for the period ending 30 September 2014 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 amending item 12d (Total Prior Active Service) of his DD Form 214 covering the period 10 October 2013 through 30 September 2014. ___________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: 3 October 2017 DOCKET NUMBER: AR20160001766 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 reflect award of the Iraq Campaign Medal with two bronze service stars and total prior active service of 3 years, 7 months, and 13 days. 2. The applicant states his duty in Iraq covered two campaign periods. 3. The applicant provides: * DD Form 214 covering the period 28 January 2005 through 2 May 2006 * DD Form 214 covering the period 18 April 2012 through 25 August 2012 * DD Form 214 covering the period 10 October 2013 through 30 September 2014 * Defense Finance and Accounting Service (DFAS) letter, dated 22 June 2015 * document from unknown source titled "Iraq Campaign Medal Campaign Stars" 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 Utah Army National Guard on 10 August 2000. 3. His DD Form 214 covering the period 28 January 2005 through 2 May 2006 reflects in: * item 12c (Net Active Service This Period), he completed 1 year, 3 months, and 5 days of net active service during this period * item 12d (Total Prior Active Service), he completed 7 months and 25 days of total prior active service * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), he was authorized the Iraq Campaign Medal * item 18 (Remarks), he served in Kuwait/Iraq from 13 April 2005 through 10 April 2006 4. He was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant on 12 August 2011. 5. His DD Form 214 covering the period 18 April 2012 through 25 August 2012 reflects in: * item 12c, he completed 4 months and 8 days of net active service during this period * item 12d, he completed 1 year and 11 months of prior active service item 13, he was authorized the Iraq Campaign Medal with one bronze service star 6. His DD Form 214 covering the period 10 October 2013 through 30 September 2014 reflects in: * item 12c, he completed 11 months and 21 days of net active service during this period * item 12d, he completed 2 years, 7 months, and 22 days of total prior active service (this annotation was lined through with ink and 3 years, 7 months, and 13 days were handwritten in its place) * item 13, he was authorized the Iraq Campaign Medal with one bronze service star 7. He provided a letter from DFAS, dated 22 June 2015, that shows his active service totaled 3 years, 3 months, and 5 days during the following periods: * from 22 January 2002 through 10 July 2002 (5 months and 19 days) * from 25 March 2003 through 30 May 2003 (2 months and 6 days) * from 28 January 2005 through 2 May 2006 (1 year, 3 months, and 5 days) * from 26 August 2012 through 9 January 2013 (4 months and 14 days) * from 10 October 2013 through 30 September 2014 (11 months and 21 days) 8. His records do not contain a DD Form 214 covering the period from 26 August 2012 through 9 January 2013, as reflected in the DFAS letter, but the additional 4 months and 14 days of prior active service are accounted for in item 12d of his DD Form 214 covering the period 10 October 2013 through 30 September 2014. 9. He provided a document from an unknown source titled "Iraq Campaign Medal Campaign Stars" that lists the names and dates of the designated Iraq campaigns. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Iraq Campaign Medal is awarded to members of the Armed Forces of the United States 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 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) * 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) 2. Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and procedural guidance relating to transition management. It establishes standardized policy for preparing and distributing the DD Form 214. a. The instructions for item 12c state the net active service this period is computed by subtracting item 12a (Date Entered Active Duty this Period) from item 12b (Separation Date this Period). b. The instructions for item 12d state to enter the total amount of prior active military service, less lost time, from previously issued DD Forms 214, DD Forms 220 (Active Duty Report), DA Forms 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes), or Retirement Point Annual Statements. DISCUSSION: 1. The applicant was authorized award of the Iraq Campaign Medal and he participated in two campaigns. His DD Form 214 shows award of the Iraq Campaign Medal with only one bronze service star. 2. He contends item 12d of his DD Form 214 covering the period 10 October 2013 through 30 September 2014 incorrectly shows 2 years, 7 months, and 22 days of total prior active service when it should show 3 years, 7 months, and 13 days of total prior active service. 3. Item 12d is calculated by adding the total amount of prior active military service as annotated on previously issued DD Forms 214, DD Forms 220, DA Forms 1506, or Retirement Point Annual Statements. Item 12c – the net active service completed during this period (meaning the period for which the DD Form 214 is issued) – is not added to item 12d – the prior active service from previously issued DD Forms 214 – of the same DD Form 214 to produce a total active service calculation. There is no block on the current version of the DD Form 214 that shows combined prior active service and net active service performed during this period. Only active service from previously issued DD Forms 214 or similar documents is added to determine the total amount of prior active service for the DD Form 214 in question. Active duty service is annotated on the DD Form 214 as either net active service performed during this period or total prior active service. 4. His DD Form 214 covering the period 28 January 2005 through 2 May 2006 reflects he completed 1 year, 3 months, and 5 days of net active service during that period and he completed 7 months and 25 days of total prior active service. Those two periods of active service when combined amount to 1 year and 11 months of total active service up to that point. There is no block on the DD Form 214 to show the combined active service. 5. His DD Form 214 covering the period 18 April 2012 through 25 August 2012 reflects he completed 4 months and 8 days of net active service during that period and he completed 1 year and 11 months of prior active service (as seen in the above tabulation). Those two periods of active service amount to 2 years, 3 months, and 8 days of total active service up to that point. There is no block on the DD Form 214 to show the combined active service 6. His DD Form 214 covering the period 10 October 2013 through 30 September 2014 shows he completed 11 months and 21 days of net active service during that period and he completed 2 years, 7months, and 22 days of total prior active service. This figure is arrived at through the addition of his prior active service as annotated on his previous DD Forms 214, which amounts to 2 years, 3 months, and 8 days, plus the 4 months and 14 days of additional active duty service from 26 August 2012 through 9 January 2013, as annotated in the DFAS letter, but for which no DD Form 214 is available. The sum of these periods amounts to 2 years, 7 months, and 22 days of total prior active service. 7. The applicant believes the DD Form 214 in question should show as his total prior active service as 3 years, 7 months, and 13 days. Upon closer examination, that period appears to be derived from the addition of his net active service performed during the current period of 11 months and 21 days with his total prior active service of 2 years, 7 months, and 22 days. Those amounts combine to equal 3 years, 7 months, and 13 days of total active service. As previously stated, there is no single block on the DD Form 214 in which to annotate total active service for all periods. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001766 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001766 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2