BOARD DATE: 15 May 2018 DOCKET NUMBER: AR20160007190 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : 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: 15 May 2018 DOCKET NUMBER: AR20160007190 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), for the period ending 28 July 2003, to show all of the awards he is authorized for his service in Kuwait and Iraq. 2. The applicant states he served in the U.S. Army Reserve (USAR) and was activated on 16 January 2003 for the built up in Kuwait. In March 2003, he took part in the invasion of Iraq. In July 2003, his unit was redeployed to the United States and they were quickly released from active duty. At the time, many of the awards for service in Iraq were not in existence. Consequently, those awards were not recorded on his DD Form 214. 3. The applicant provides his DD Form 214 for the period ending 28 July 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 USAR on 8 March 2000. 3. The applicant's military record contains a DA Form 4980-14 (Army Commendation Medal (ARCOM) Certificate) that shows he was awarded the ARCOM for meritorious service during the period 19 January through 1 June 2003, while deployed in support of Operation Iraqi Freedom (OIF). 4. The applicant's DD Form 214 for the period ending 28 July 2003 shows the following entries in: a. Block 12a (Date Entered Active Duty this Period): 16 January 2003; b. Block 12f (Foreign Service): 4 months and 9 days; c. Block 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the: * ARCOM * Army Reserve Components Achievement Medal * National Defense Service Medal * Armed Forces Expeditionary Medal * Armed Forces Reserve Medal with "M" Device * Army Service Ribbon d. Block 18 (Remarks): "Service in Southwest Asia – 24 February 2003 – 4 July 2003." REFERENCES: 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 (AOE) 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. During the applicant's deployment in support of OIF, participation credit was awarded for the following two campaigns: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) b. 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 AOE designated for award of the Global War on Terrorism Expeditionary Medal, 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. DISCUSSION: 1. The applicant's DD Form 214 for the period ending 28 July 2003 confirms he deployed to Southwest Asia from 24 February to 4 July 2003. Based on this information, the applicant is authorized the ICM with two bronze service stars. This award is not shown on his DD Form 214. 2. Based on his active duty service from 16 January to 28 July 2003, he is authorized the GWOTSM. This award is not shown on his DD Form 214. BOARD DATE: 15 May 2018 DOCKET NUMBER: AR20160007190 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 the applicant's DD Form 214, for the period ending 28 July 2003, to show he was awarded or authorized the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Service Medal. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007190 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007190 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2