BOARD DATE: 12 April 2018 DOCKET NUMBER: AR20160008041 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: 12 April 2018 DOCKET NUMBER: AR20160008041 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 he served in Iraq in support of Operation Iraqi Freedom vice in Afghanistan in support of Operation Enduring Freedom. 2. The applicant states: * he served in Iraq, not Afghanistan; he was assigned to C Company, 37th Engineer Battalion, 101st Airborne Division * he served with various individuals (he names those individuals and provides their addresses) * his military record should reflect his service correctly as it impacts his claims for benefits 3. The applicant provides: * two letters he sent to his family while in Iraq * Wikipedia entry for the 37th Engineer Battalion 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 January 2001 and he held military occupational specialty 62B (Construction Equipment Repairer). He also completed the Basic Airborne Course. 3. On 5 November 2003, Headquarters, XVIII Airborne Corps, Fort Bragg, NC, published orders directing his separation from active duty. His unit of assignment is listed as 37th Engineer Battalion. 4. He was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 24 January 2004. His DD Form 214 shows he completed 3 years of active service with no lost time and he was fully eligible to reenlist. His DD Form 214 also shows in: * Item 8a (Last Duty Assignment and Major Command): 37th Engineer Battalion (Combat) * Item 12f (Foreign Service): 1 month and 7 days * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and Parachutist Badge * Item 18 (Remarks), in part: "Service in Operation Enduring Freedom (Afghanistan) From 20030401 to 20030507" 5. He provides: a. Letters addressed to his family informing them that his unit changed direction and were heading to Mosul. b. Wikipedia entry for the 37th Engineer Battalion. The entry shows this battalion deployed to northern Iraq (Operation Iraqi Freedom) on 22 March 2003 in support of the 101st Airborne Division. 5. An email, dated 2 October 2017, from the Defense Finance and Accounting Service, confirmed the applicant received hostile fire pay/imminent danger pay for service in Kuwait from 1 April 2003 to 31 May 2003. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for: * Item 12f enter the total amount of foreign service completed during the period covered by the DD Form 214 * item 13, enter all awards, decorations, and badges * item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)" 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit 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. The general area of eligibility (AOE) 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. b. The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom. The 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 Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns (during his service) are Liberation of Iraq (19 March 2003 to 1 May 2003) and Transition of Iraq (2 May 2003 to 28 June 2004). c. Service members 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. 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 AOE designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 non- consecutive 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 during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. DISCUSSION: 1. There is no evidence the applicant deployed to Afghanistan in support of Operation Enduring Freedom. His DD Form 214 inadvertently listed an entry showing he served in Afghanistan from 1 April 2003 to 7 May 2003. a. According to the applicant's records, he was last assigned to the 37th Engineer Battalion. This battalion deployed to Iraq in support of Operation Enduring Freedom in March 2003. b. According to the applicant's pay records, he received hostile fire pay/imminent danger pay for service in Kuwait from 1 April 2003 to 7 May 2003, a period of 1 month and 7 days. c. It is reasonable to presume the applicant served in Kuwait/Iraq, in support of Operation Iraqi Freedom, from 1 April 2003 to 7 May 2003. 2. Based on his service in Kuwait/Iraq, he meets the criteria for award of the Iraq Campaign Medal with two bronze service stars. 3. He served a qualifying period for award of the Global War on Terrorism Service Medal, which is not shown on DD Form 214. 4. The applicant appears to have met the criteria for award of the Army Good Conduct Medal in that: * he completed 3 years of creditable active service from 25 January 2001 to 24 January 2004 * he attained the rank of SPC/E-4, served in Kuwait/Iraq, and he was fully eligible to reenlist * his record is void of any derogatory information which would have disqualified him from receiving his first award of the Army Good Conduct Medal * BOARD DATE: 12 April 2018 DOCKET NUMBER: AR20160008041 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 25 January 2001 through 24 January 2004 * amending his DD Form 214 by: * adding to item 13 the Army Good Conduct Medal, Global War on Terrorism Service Medal, and Iraq Campaign Medal with two bronze service stars * deleting from item 18 the entry "Service in Operation Enduring Freedom (Afghanistan) From 20030401 to 20030507" and adding the entry "Service in Operation Iraqi Freedom (Kuwait/Iraq) From 20030401 to 20030507" 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) AR20160008041 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160008041 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2