BOARD DATE: 26 April 2018 DOCKET NUMBER: AR20160007860 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 26 April 2018 DOCKET NUMBER: AR20160007860 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 show his deployment to Kuwait in support of Operation Iraqi Freedom (OIF). He also requests, in effect, to have the Iraq Campaign Medal added to his DD Form 214. 2. The applicant states his DD Form 214 does not show his service in Kuwait from 1 May 2003 to 31 July 2004. It also does not reflect the award of the Iraq Campaign Medal. 3. The applicant provides a document, dated 22 November 2006, titled Eligibility Report and his DD Form 214 for the period ending 7 October 2006. 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 25 July 1996. He held military occupational specialty 19D (Cavalry Scout). 3. His official military personnel file (OMPF) includes the following documents: a. Enlisted Record Brief (ERB), dated 31 July 2006, which indicates he served in Germany from 19 February 2003 to 19 February 2005 (2 years and 1 day). It does not show a deployment to Kuwait. b. DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) for the rating period of November 2003 through September 2004. He is listed as being assigned to Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry Regiment, 1st Armored Division. While the report does not specify any details as to a deployment, it does makes the following references to OIF: * Part III (Duty Description), subparagraph d (Areas of Special Emphasis): OIF * Part IV (Army Values/Attributes/Skills/Actions), subparagraph a (Army Values) – Bullet comments: "performed well during OIF" * Part IV (Values/NCO Responsibilities), subparagraph b (Competence): "managed the 220 [Soldier Readiness Processing] files for Soldiers deployed in support of OIF" * Part IV, subparagraph f (Responsibility and Accountability): "maintained [thorough] accountability of equipment while deployed in support of OIF" 4. The applicant provides a document, dated 22 November 2006, titled Eligibility Report, indicating the applicant received Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exclusion (HF/IDP and CZTE) for service in Kuwait for the period 1 May 2003 to 31 July 2004. It shows the signature of a National Service Officer with the Disabled American Veterans who signs as a certifying officer. 5. The applicant was honorably discharged on 7 October 2006 due to completing his required active service. His DD Form 214 shows he completed 10 years, 2 months, and 13 days of net active service. a. Item 12f (Foreign Service) shows 2 years, 10 months, and 11 days. b. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) lists the following: * Army Commendation Medal (2nd Award) * Army Achievement Medal (4th Award) * Army Good Conduct Medal (3rd Award) * National Defense Service Medal * Armed Forces Expeditionary Medal * Global War on Terrorism Service Medal * Armed Forces Service Medal * Army Service Ribbon * Overseas Service Ribbon * United Nations Medal * North Atlantic Treaty Organization Medal c. Item 18 (Remarks) indicates he served in Bosnia from 15 August 1997 to 24 June 1998 (a period of 10 months and 10 days). There are no entries showing a deployment in Kuwait. 6. On 2 October 2017, a Defense Finance and Accounting official verified the applicant received HF/IDP and CZTE for service in Kuwait for the period 1 April 2003 to 31 July 2004. 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. (1) The general area of eligibility encompasses all foreign land, water, and air spaces outside the 50 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. (2) Initial award of the Global War on Terrorism Expeditionary Medal was limited to service members deployed abroad in OEF and Iraqi Freedom in designated specific geographic areas of eligibility, including Kuwait. b. The Iraq Campaign Medal is awarded to members who have served in direct support of OIF (the regulation defines direct support as providing services to units within the area of eligibility (in this case, Iraq) and requires the recipient to actually have entered Iraq). 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 to 15 December 2005) 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. Department of the Army General Orders (DAGO) Number 2007-03 shows the 1st Squadron, 1st Cavalry Regiment, was awarded the Meritorious Unit Commendation for the period 1 January to 15 April 2004. 4. DAGO Number 2009-14 awarded the 1st Squadron, 1st Cavalry Regiment (less Troops D, E, and F), the Presidential Unit Citation for the period 16 April 2004 to 15 July 2004. DISCUSSION: 1. DFAS verifies the applicant was deployed to Kuwait and received HF/IDP and CZTE for the period 1 April 2003 to 31 July 2004. a. Item 12f of his DD Form 214, ending 7 October 2006, appears to accurately state his foreign service, and, because his deployment to Kuwait occurred during his tour in Germany, no adjustments appear to be necessary. * Currently, item 12f indicates 2 years, 10 months and 11 days of foreign service * his ERB shows he served in Germany from 19 February 2003 to 19 February 2005 (2 years and 1 day) * Item 18 of his DD Form 214 shows he deployed to Bosnia from 15 August 1997 to 24 June 1998 (10 months and 10 days) * when his Bosnia deployment and tour in Germany are combined, his total foreign service is 2 years, 10 months, and 11 days b. Item 18 of his DD Form 214 does not contain an entry showing his deployment to Kuwait. 2. It further appears his service in Kuwait qualified him for the Global War on Terrorism Expeditionary Medal, but not for the Iraq Campaign Medal. The Global War on Terrorism Expeditionary Medal is not reflected on his DD Form 214. * the Iraq Campaign Medal is awarded to Soldiers who served in direct support of OIF; direct support entails being physically in Iraq * although his NCOER from that period states he provided support to OIF, it does not affirm (nor does the applicant claim) that he physically entered Iraq; by contrast, the Global War on Terrorism Expeditionary Medal can be awarded to Soldiers who deployed to Kuwait 3. The 1st Squadron, 1st Cavalry, was awarded the Meritorious Unit Commendation and Presidential Unit Citation for periods during which the applicant was deployed in the combat theater with the unit. Neither of these awards is listed on his DD Form 214 . BOARD DATE: 26 April 2018 DOCKET NUMBER: AR20160007860 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 for the period ending 7 October 2006 as follows: a. Add to item 13: * Global War on Terrorism Expeditionary Medal * Presidential Unit Citation * Meritorious Unit Commendation b. Add to item 18: "SERVICE IN KUWAIT 20030401 TO 20040731" 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 the Iraq Campaign 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) AR20160007860 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007860 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2