BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160002028 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 BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160002028 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 the entry "0000  00  00" from item 12f of his DD Form 214 and adding the entry "0001  05  08" * adding the Korea Defense Service Medal, Global War on Terrorism Service Medal, and Global War on Terrorism Expeditionary Medal to item 13 of his DD Form 214 * adding the entry "SERVICE IN KUWAIT FROM 20030405-20030911" to item 18 of his DD Form 214 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 showing service in Iraq and/or adding the former wartime service shoulder sleeve insignia (combat patch) to his DD Form 214. ______________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: 6 June 2017 DOCKET NUMBER: AR20160002028 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service, to include service in Iraq/Kuwait, and his eligibility for wear of the combat patch. 2. The applicant states, in effect: * after he completed training, he served in Korea from April 2001 to April 2002 * he was then reassigned to the 74th Engineer Company, Fort Hood, TX * he deployed to Iraq from about April or May to November 2003 * during this deployment, he was attached to the 74th Engineer Company, 4th Infantry Division * he came back to Fort Hood in November 2003 for out-processing and he was separated on 20 December 2003 * his DD Form 214 does not indicate he was eligible for wear of the combat patch for being in Iraq 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. The applicant enlisted in the Regular Army on 31 October 2000 and he held military occupational specialty 21C (Bridge Crewmember). 3. His service records do not contain any documents pertaining to any assignments or his service in Korea or deployment to Iraq, such as permanent change of station orders, deployment orders, award orders, memoranda, or other documents pertaining to his foreign service. 4. On 5 November 2003, Headquarters, III Corps, Fort Hood, published orders reassigning him to the Transition Point for separation processing effective 20 December 2003. His standard name line lists is unit as the 74th Engineer Company. 5. The Defense Finance and Accounting Service confirmed he served in Korea from 28 March 2001 to 26 March 2002 (11 months and 27 days) and he also received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 5 April to 11 September 2003 (5 months and 11 days). 6. He was honorably released from active duty in the rank/grade of specialist/E-4 on 20 December 2003. His DD Form 214 shows he completed 3 years, 1 month, and 20 days of active service. It also shows in: * item 12f (Foreign Service) – no service credit * item 13 (Decorations, Medals, Citations, and Campaign Ribbons Awarded or Authorized) – Army Lapel Button, National Defense Service Medal, and Army Service Ribbon * item 18 (Remarks) – no deployments 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. The instructions stated: * in item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 * in item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards) * in item 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 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. b. 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 the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. c. 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 the 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. d. 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 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. e. Service members who 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. 16. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a combat patch. This regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility. There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 or any other place in military records. DISCUSSION: 1. According to the applicant's pay records, he completed 11 months and 27 days of service in Korea and 5 months and 11 days of service in Kuwait, for a total of 1 year, 5 months, and 8 days. His DD Form 214 does not reflect this foreign service in item 12f. 2. His pay records show he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait. Nothing in his records shows he served in Iraq. This deployment to Kuwait is not mentioned in item 18 of his DD Form 214. 3. Based on his total service, including service in Korea and in Kuwait, he is authorized certain awards. a. His service in Korea from 28 March 2001 to 26 March 2002 qualifies him for award of the Korea Defense Service Medal and correction of his DD Form 214 to show this award. b. His service after 11 September 2001 through 20 December 2003 qualifies him for award of the Global War on Terrorism Service Medal and correction of his DD Form 214 to show this award. c. His service in Kuwait from 5 April to 11 September 2003 qualifies him for award of the Global War on Terrorism Expeditionary Medal and correction of his DD Form 214 to show this award. 4. The former wartime service shoulder sleeve insignia, commonly known as the combat patch, is an item of clothing. It is not an award or decoration; therefore, it is not authorized for entry on the 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) AR20160002028 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002028 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2