IN THE CASE OF: BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160011956 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 IN THE CASE OF: BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160011956 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. deleting the current entry from item 12f (Foreign Service) of his DD Form 214 and replacing it with the entry "0000 04 02," b. adding award of the Army Commendation Medal, National Defense Service Medal, Iraq Campaign Medal with two bronze service stars, and Global War on Terrorism Service Medal; and c. adding the statement "SERVICE IN IRAQ FROM 20030430-20030731" to item 18 (Remarks) of his DD Form 214. 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 Overseas Service Ribbon. ___________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. IN THE CASE OF: BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160011956 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 award of the Army Commendation Medal, National Defense Service Medal, Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Service Medal, and an Overseas Service Ribbon. He further requests his foreign service and deployment time be reflected. 2. The applicant states his DD Form 214 does not reflect his entire service and awards. 3. The applicant provides: * DA Form 4980-14 (Army Commendation Medal certificate) * Permanent Orders Number 184-300 * several Leave and Earnings Statements * 4-page unit history 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 24 September 2002. 3. He was honorably discharged on 16 April 2004, after completing 1 year, 6 months, and 23 days of active service. Item 12f (Foreign Service) of his DD Form 214 contains the entry "0000 00 00." Item 18 does not mention any foreign service. This form further shows he was awarded or authorized the Army Service Ribbon. 4. The applicant provides and his records contain Permanent Orders 184-300, issued by the commander, 7th Transportation Group on 3 July 2003, which shows he was awarded the Army Commendation Medal for exceptionally meritorious achievement as a heavy wheeled vehicle operator during Operation Iraqi Freedom for the period 3 April to 31 May 2003. 5. The applicant provides copies of his Leave and Earnings Statements, which show he received hostile fire/imminent danger pay from 1 April through 31 July 2003. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom. 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 include: * Liberation of Iraq (19 March - 1 May 2003) * Transition of Iraq (2 May 2003 - 28 June 2004) b. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who 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 on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal. c. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. d. The Overseas Service Ribbon is awarded for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. 2. According to the Awards Branch at U.S. Army Human Resources Command (HRC), Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense. However, information received from the Army G-1 allows for short tour credit to those Soldiers who serve a combat deployment/operational deployment (non-combat) tour for 9 months or 8 months and 16 days or more. Therefore, the Overseas Service Ribbon may be granted if the applicant served at least 8 months and 16 days on his/her tour. 3. Army Regulation 635-5 (Separation Documents), then in effect, 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 (Foreign Service) – enter the total amount of foreign service completed during the period covered by the DD Form 214 * item 18 (Remarks) – 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)" DISCUSSION: 1. General orders awarded him the Army Commendation Medal. His DD Form 214 does not show this award. 2. The applicant served a qualifying period of service for award of the National Defense Service Medal, which is not shown on his DD Form 214. 3. The evidence shows he completed a qualifying period of service for entitlement to the Iraq Campaign Medal with two bronze service stars, which is not shown on his DD Form 214. 4. The applicant served a qualifying period of service to be eligible for the Global War on Terrorism Service Medal, which is not shown on his DD Form 214. 5. The evidence of record is ambiguous regarding the applicant's actual dates of service in Iraq. DFAS records indicate the applicant received hostile fire/imminent danger pay from 1 April through 31 July 2003, a period of 4 months and 2 days. 6. The DFAS information is accepted as sufficient evidence with which to amend item 12f and item 18 of the applicant's DD Form 214 to show he served in Iraq from 1 April to 31 July 2003 and thereby add a period of 4 months and 2 days of foreign service to his DD Form 214. 7. According to HRC, the Overseas Service Ribbon may be granted if the applicant served at least 8 months and 16 days on his/her tour. The accepted evidence shows the applicant served 4 months and 2 days foreign service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011956 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011956 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2