BOARD DATE: 3 July 2018 DOCKET NUMBER: AR20160007986 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: * Awarding him the Army Good Conduct Medal (1st Award) for the period 5 January 2000 to 4 January 2003 * Amending his DD Form 214 for the period ending 4 January 2004 as follows: * Item 12f, delete the entry "0000-00-00" and add the entry "0000-06-29" * Item 13, add the Army Good Conduct Medal (1st Award), Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Expeditionary Medal, and Global War on Terrorism Service Medal * Item 18 (Remarks), add the entry “Service in Kuwait/Iraq 1 March 2003 to 30 September 2003” 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: 3 July 2018 DOCKET NUMBER: AR20160007986 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :SMP :SWF :DRA GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 3 July 2018 DOCKET NUMBER: AR20160007986 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 4 January 2004 to add: * foreign service credit for his combat tour in Iraq * ribbons and awards for his service in Iraq, including the Iraq Campaign Medal (phases 1, 2, and 3) and Global War on Terrorism Expeditionary Medal 2. The applicant states he was a sergeant in B Company, 104th Military Intelligence Battalion that was a part of the S-2 for the 2nd Brigade Combat Team, 4th Infantry Division, in March 2003. He was deployed to Kuwait with his unit, and in April 2003 they went into Iraq. He was deployed to Forward Operating Base Warhorse in Baqubah, Iraq. In September 2003, he received expiration of term of service (ETS) orders to return to Fort Hood, TX, where he completed his Army obligation. The length of deployment to Iraq was 7 months of foreign service from March 2003 - September 2003. He has attached several records as proof of his service in Iraq. He noticed the information was missing when he submitted his DD Form 214 for a position with the Texas Veterans Commission. 3. The applicant provides. * DA Form 2166-8 (Noncommissioned Officer Evaluation Report), dated September 2002 – August 2003 * Memorandum authored by Mr. S_ Mc_, dated 23 February 2015 * Letter from the National Personnel Records Center, dated 9 May 2016 * DD Form 214, dated 4 January 2004 * Orders Number 298-0264, dated 25 October 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, and 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 5 January 2000. He held military occupational specialty 96B (Intelligence Analyst). After initial training, he was assigned to a unit at Fort Hood, TX. 3. His DA Form 2-1 (Personnel Qualification Record) shows in: * item 9 (Awards, Decorations and Campaigns) – Army Service Ribbon * item 5 (Oversea Service) – no record of deployments * section 8 (Current and Previous Assignments), item 35 (Record of Assignments) – on 15 September 2000, he was en route to Fort Hood, TX 4. He was honorably released from active duty on 4 January 2004 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). His DD Form 214 shows he completed 4 years of net active service for this period of service with no lost time and he was fully eligible to reenlist. It further shows in: * item 8a (Last Duty Assignment and Major Command) – 104th military Intelligence Battalion, Fort Hood, TX * item 12f (Foreign Service) – "0000-00-00" indicating no foreign service * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal and Army Service Ribbon * item 18 (Remarks) – no entries pertaining to a deployment to Iraq 5. Orders Number A-09-720025, issued by U.S. Army Human Resources Command, Alexandria, VA, on 28 September 2007, ordered the applicant to active duty for operational support of the USAR recruiting mission for a period of one year. 6. He was honorably released from active duty 28 September 2008 and transferred to the USAR Control Group (Reinforcement). The DD Form 214 issued at that time shows he completed 1 year of net active service for this period of service with 3 years, 8 months, and 24 days of prior inactive service. It further shows in: * item 12f – no foreign service * item 13 – * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Armed Forces Reserve Medal with “M” Device * U.S. Army Recruiter Badge – Silver with two Gold Achievement Stars * item 18 – no entries pertaining to a deployment 7. The applicant's records do not show he was awarded the Army Good Conduct Medal. Additionally, his records show no derogatory information in the form of lost time or a court-martial conviction. 8. The applicant provides. a. DA Form 2166-8, dated September 2002 to August 2003, showing in Part I, item f (Unit, Org, Station, Zip Code or APO, Major Command) he was assigned to B Company, 104th Military Intelligence Battalion, 4th Infantry Division, Tikrit, Iraq. Additionally, item c (Daily Duties and Scope) of his evaluation shows he was a team leader forward deployed in theater supporting combat operations in Iraq. b. A memorandum authored by Mr. S_ Mc_, who states he was the applicant’s platoon sergeant when the applicant deployed with the unit to Kuwait on 31 March 2003 in support of Operation Iraqi Freedom. On or around 23 April 2003, the applicant made a tactical road march with his unit to establish Camp Warhorse in Baqubah, Iraq in support of 2nd Brigade, 4th Infantry Division. The applicant served with his unit in Iraq for 9 months, at which time the stop loss order was lifted and he returned to his home station to begin out-processing for his ETS. c. NPRC letter, dated 9 May 2016, whereby he is informed by the NPRC that they do not have the authority to review and approve amendments or corrections to military records. d. Orders Number 298-0264, issued by Headquarters, III Corps and Fort Hood, TX, on 25 October 2003, ordering the applicant’s release from active duty on 4 January 2004. 9. On 24 October 2017, by email, a Defense Finance and Accounting Service (DFAS) official confirmed the applicant served in the combat zone (Kuwait) from 1 March 2003 to 30 September 2003. REFERENCES: 1. AR 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief record of active duty service at the time of release from active duty, retirement, or discharge. Source documents will consist of the Enlisted Record Brief (ERB) and any other document authorized for filing in the official military personnel file. * item 12f, from the ERB, enter the total amount of foreign service completed during the period covered in block 12c * item 13, show all awards and decorations * item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter “service in (name of country deployed) from YYYYMMDD – YYYYMMDD 2. AR 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states. a. 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) 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 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. Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE. c. Service members qualified for the Global War on Terrorism Expeditionary Medal due to 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. d. The Global War on Terrorism Service Medal 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 areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. 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 Global War on Terrorism Service Medal. e. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. DISCUSSION: 1. The evidence confirms the applicant deployed to Kuwait/Iraq from around 1 March 2003 to around 30 September 2003: a. An email from a DFAS official confirms the applicant served in Kuwait from 1 March 2003 to 30 September 2003, a period of 6 months and 29 days. b. His DA Form 2166-8 shows his assigned unit as B Company, 104th Military Intelligence Battalion, 4th Infantry Division, Tikrit, Iraq, and he was a team leader forward deployed in theater supporting combat operations in Iraq. Although he was evaluated from September 2002 – August 2003, the official start of Operation Iraqi Freedom was on 18 March 2003. c. A memo from his former platoon sergeant attests to the fact the applicant deployed with the unit to Kuwait on 31 March 2003 in support of Operation Iraqi Freedom. Additionally, on or about 23 April 2003, the applicant made a tactical road march with his unit to establish Camp Warhorse in Baqubah, Iraq, in support of 2nd Brigade, 4th Infantry Division. d. The evidence indicates he served in Kuwait from on or about 1 March 2003 to on or about 23 April 2003, awaiting the beginning of combat operations and an order to move forward with his unit. This period of service qualifies him for award of the Global War on Terrorism Expeditionary Medal. e. He appears to have served in Iraq from at least 24 April 2003 until 30 September 2003 in support of Operation Iraqi Freedom. This period of service qualified him for award of the Iraq Campaign Medal. Additionally, he participated in two campaigns (Liberation of Iraq and Transition of Iraq) during this period of service and is authorized two bronze service stars to be worn with the Iraq Campaign Medal. f. He served a qualifying period of service for award of the Global War on Terrorism Service Medal. It does not appear on his first DD Form 214. 2. He appears to have met the criteria for award of the Army Good Conduct Medal in that he completed 4 years of active service, attained the rank/grade of SGT/E-5, served in Kuwait/Iraq, and his records show no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007986 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007986 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2