BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160011558 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 BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160011558 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: a. adding to his DD Form 214 award of the Army Commendation Medal (3rd Award) and the Iraq Campaign Medal with two bronze service stars; and b. adding to item 18 of his DD Form 214 the statements "SERVICE IN KUWAIT/IRAQ FROM 20030403 – 20040405." 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 award of the Korea Defense Service Medal. _______________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. BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160011558 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 the Army) to show his: * one year deployment to Iraq * Army Commendation Medal (3rd Award) * Iraq Campaign Medal * Korea Defense Service Medal 2. The applicant states his DD Form 214 is incorrect. 3. The applicant provides: * DD Form 214 * Permanent Order 193-196 * Permanent Order 142-04 * Permanent Order Number 225-18 * Certificate of Achievement * Service Member Deployment History Outprocessing Verification * Permanent Orders 050-053 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 10 August 2000. His record does not contain any evidence to show he served in Korea. 3. On 9 November 2004, he was honorably released from active duty upon completion of his required active service and transferred to the U.S. Army Reserve Control Group (Reinforcement). The DD Form 214 he was issued shows in item 12f the entry "0001 00 00." However, item 18 (Remarks) fails to show an entry that reflects where his foreign service was performed. This form further shows he was awarded the: * Army Commendation Medal (2nd Award) * Army Achievement Medal (2nd Award) * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar 4. On 7 May 2018, by email, a Defense Finance and Accounting Service (DFAS) official verified the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 1 April 2003 to 30 April 2004. 5. The applicant provides: a. Permanent Orders 193-196, issued by the Commander, 22D Signal Brigade, Darmstadt, Germany on 12 July 2003, awarded him the Army Commendation Medal for meritorious performance of duty during Operation Iraqi Freedom from 19 March through 1 May 2003. b. Permanent Orders 142-04, issued by Headquarters, 1st Medical Brigade, awarded him the Army Commendation Medal for meritorious achievement while serving as a Signal Extension Node Specialist during Operation Iraqi Freedom from 28 April through 1 July 2003. c. Permanent Orders 225-18, issued by the Commander, 35th Signal Brigade, Fort Bragg, North Carolina on 12 August 2004, awarded him the Army Commendation Medal for exceptional meritorious service while serving as D67 Team Chief for the period 12 April 2002 through 9 August 2004. d. Certificate of Achievement for participating in Operation Iraqi Freedom as a member of Task Force 51. e. Permanent Orders 050-053, issued by Headquarters, XVIII Airborne Corps and Fort Bragg on 19 February 2003 assigned him to the U.S. Central Command (CENTCOM) Area of Responsibility (AOR) effective 17 March 2003. f. Service Member Deployment History which shows the applicant in CENTCOM beginning 3 April 2003 through 5 April 2004. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom. 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 include the Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004) campaigns. b. The Korea Defense Service Medal was established by the National Defense Authorization Act of 2003, Public Law 107-314. It is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. The criteria for this award is a Soldier must have been assigned, attached or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 nonconsecutive days. 2. Army Regulation 635-5 (Separation Documents), then in effect, establishes 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: * block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214 * block 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)" 3. Army Regulation 15-185 (ABCMR), paragraph 2-5 states, the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant requested to have his DD Form 214 corrected to show his: * one year deployment to Iraq * Army Commendation Medal (3rd Award) * Iraq Campaign Medal * Korea Defense Service Medal 2. DFAS records indicate the applicant was deployed to Kuwait for the period 1 April 2003 to 30 April 2004. At the time, he would have been processed into the theater of operations through the finance office in Kuwait, which is likely why DFAS records show he served in that country. Nevertheless, his deployment orders and awards corroborate his service in Iraq. 3. With respect to listing his foreign service in Iraq, the applicant states he served 1 year in Iraq. His deployment is listed on his Service Member Deployment History which shows he performed service in the CENTCOM AOR for the period 3 April 2003 through 5 April 2004. 4. Based on his accepted service in Iraq for the period 3 April 2003 through 5 April 2004, it is reasonable to surmise the applicant served during a period which would entitle him to award of the Iraq Campaign Medal with two bronze service stars. 5. The applicant's DD Form 214 shows award of the Army Commendation Medal (2nd Award). The applicant provides evidence which shows permanent orders awarded him a third Army Commendation Medal. 6. His records are void of evidence and he provided no evidence to show he served in Korea, which is a requirement for award of the Korea Defense Service Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011558 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011558 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2