IN THE CASE OF: BOARD DATE: 3 October 2017 DOCKET NUMBER: AR20160002180 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: AR20160002180 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 amending his DD Form 214, ending 11 April 2004, as follows: a. item 12f – delete, "0000/00/00," replace with "0000/06/16." b. add the following awards to item 13: * Army Commendation Medal * Army Achievement Medal (2nd Award) * Army Good Conduct Medal (1st Award) * Iraq Campaign Medal with two bronze service stars * Global War on Terrorism Expeditionary Medal * Driver and Mechanic Badge with Driver-W Component Bar c. add to the following entry to item 18: "SERVICE IN KUWAIT/IRAQ FROM 20030310 TO 20030925." 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 his DD Form 214 to show four Army Achievement Medals. ___________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: AR20160002180 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, the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty): * add to item 18 (Remarks) his dates of service in Iraq from on or about 3 March 2003 to on or about 26 September 2003 * revise item 12f (Foreign Service) so that his Iraq service is noted * amend item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show he was awarded four Army Achievement Medals * add his already-awarded Global War on Terrorism Expeditionary Medal, Army Commendation Medal, and the Army Good Conduct Medal to item 13 2. The applicant states none of the items mentioned above appear on his separation document. 3. The applicant provides: * two letters, dated 3 December 2009 and 29 December 2015, respectively * Permanent Orders (PO) Number 153-04, dated 1 July 2003 * Army Achievement Medal Certificate, citing PO Number 0008-39 * Orders Number 052-03, dated 21 February 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 12 April 2000. He held military occupational specialty 88M (Motor Transport Operator). 3. His official military personnel file contains the following awards: * Army Achievement Medal – PO Number 0008-39 (no date noted) * Army Achievement Medal – PO Number 306-3, dated 1 November 2000 * Army Commendation Medal – PO Number 148-01, dated 28 May 2003 * Driver and Mechanic Badge with Driver-W Component Bar – PO Number 0003-15, dated 6 January 2003 4. He was honorably released from active duty on 11 April 2004. His DD Form 214 shows he completed 4 years of net active service. * item 12f – "0000/00/00" * item 13 – National Defense Service Medal; Global War on Terrorism Service Medal; Army Service Ribbon; Army Lapel Button * item 18 – no entry showing deployment to Iraq 5. The applicant provides PO Number 153-04, dated 1 July 2003, issued by the 180th Transportation Battalion, awarded him the Army Good Conduct Medal (1st Award) for the period 12 April 2000 through 11 April 2003. 6. An official from the Defense Finance and Accounting Service (DFAS) affirmed, on 1 December 2016, that the applicant received Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exclusion (HF/IDP and CZTE) for service in Kuwait from 10 March 2003 through 25 September 2003 (6 months and 16 days). REFERENCES: 1. AR 635-8 (Separation Processing and Documents) prescribes policy and gives guidance for the completion of the DD Form 214. It states: a. Item 12f will list the total amount of service performed outside the continental United States during the period of the report. b. In regard to item 18, Soldiers who deployed with their unit during their continuous period of active service should have the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" entered. 2. AR 600-8-22 (Military Awards) prescribes policies and procedures for military awards. a. 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 Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. b. The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom. 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 include: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) c. Soldiers 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. 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. PO awarded the applicant the following awards that are not reflected on his DD Form 214, ending 11 April 2004: * Army Commendation Medal * Army Achievement Medal (2nd Award) * Army Good Conduct Medal (1st Award) * Driver and Mechanic Badge with Driver-W Component Bar 2. He asserts he was awarded a total of four Army Achievement Medal, but the evidence of record, along with that provided by the applicant, only supported the award of two Army Achievement Medals. 3. DFAS shows the applicant served in Kuwait from 10 March 2003 through 25 September 2003, a period of 6 months and 16 days); his DD Form 214 does not show any foreign service. a. DFAS is considered the authoritative source when determining foreign service credit based on receipt of HF/IDP and CZTE. However, their system may not show all locations to which a Soldier was sent during this deployment. b. Based on the available evidence, it is reasonable to presume he served in both Kuwait and Iraq during this period. 4. He also has qualifying service to be awarded the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Expeditionary Medal. a. The Army considers 19 March 2003 as the official date when Operation Iraqi Freedom commenced. b. He is shown as serving in Kuwait/Iraq from 10 March 2003 until at least 18 March 2003; thus, he meets the eligibility criteria for both awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002180 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002180 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2