BOARD DATE: 8 June 2017 DOCKET NUMBER: AR20160001827 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: 8 June 2017 DOCKET NUMBER: AR20160001827 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that the DD Form 214 (Certificate of Release or Discharge from Active Duty) of the individual concerned be corrected by: a. adding the entry "0000  01  18" to item 12f, b. adding award of the Iraq Campaign Medal with one bronze service star to item 13, and c. deleting the entry "SERVICE IN IRAQ 20100205-20100323" from item 18, and d. adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20100205-20100323" to item 18. __________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: 8 June 2017 DOCKET NUMBER: AR20160001827 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 the Iraq Campaign Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states he believes he meets the requirements for award of the Iraq Campaign Medal. He has reviewed the documents in his possession to include his DD Form 214 and Enlisted Record Brief, which has led him to believe he meets the qualifications for this medal. He was honorably discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, and during out-processing, he was not properly informed of his service or any additional awards he may be entitled to receive. 3. The applicant provides his DD Form 214 and Enlisted Record Brief. 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 30 July 2009. After completing initial entry training, he was awarded military occupational specialty 11B. 3. His service records contain Orders 012-002 published by Headquarters, U.S. Army Garrison, Fort Bragg, dated 12 January 2010, showing he was temporarily reassigned the U.S. Central Command (USCENTCOM) area of responsibility (AOR) in Iraq in support of Operation Iraqi Freedom with a reporting date of 20 January 2010. Paragraph (b) of the additional instructions indicate the deployment would begin on or about 20 January 2010 from Fort Bragg, NC, to Kuwait to USCENTCOM AOR and return to Fort Bragg, NC. 4. His service records contain Orders A-03-008773 published by Landstuhl Regional Medical Center, dated 22 March 2010, reassigning him to Womack Army Medical Center, Fort Bragg, for medical treatment with a reporting date of 22 March 2010. 5. On 15 June 2010, he was honorably discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, by reason of a physical condition, not a disability. 6. His DD Form 214 shows he was deployed to Iraq from 5 February 2010 to 23 March 2010. His DD Form 214 also shows the following information in: a. item 12f (Foreign Service), the entry "0000  00  00"; b. item 13 (Decorations, Medals, Badges, Citation, and Campaign Ribbons Awarded or Authorized (All Periods of Service)), entries for award of the National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Parachutist Badge; and c. item 18 (Remarks), the entry "SERVICE IN IRAQ 20100205-20100323." 7. His military pay record at the Defense Finance and Accounting Service (DFAS) confirm he received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) from 1 February 2010 to 31 March 2010 for service in Kuwait. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states 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 are: * 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 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. The regulation stated for: a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and b. item 18, for an active duty Soldier deployed 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)." DISCUSSION: 1. The applicant's DD Form 214 shows he was deployed to Iraq from 5 February 2010 to 23 March 2010. 2. The evidence of record shows the applicant served in Kuwait/Iraq; however, his DD Form 214 does not reflect any foreign service in item 12f. 3. The applicant's DFAS military pay records DFAS confirm he received HFP/IDP and CZTE for the period 1 February 2010 to 31 March 2010 for service in Kuwait. CZTE is applied to the entire month for any period of that month served in a combat theater. 4. Based on the applicant's service in Kuwait/Iraq, he is authorized award of the Iraq Campaign Medal with one bronze service star. This award is not reflected 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) AR20160001827 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001827 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2