IN THE CASE OF: BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160012934 BOARD VOTE: ____x_____ ____x___ ____x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160012934 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: a. adding the Overseas Service Ribbon and Iraq Campaign Medal with one bronze service star to his DD Form 214, b. deleting the current entry in item 12f of his DD Form 214 and replacing it with the entry "0001 00 00"; and c. adding the following entry to item 18 of his DD Form 214: "SERVICE IN KUWAIT/IRAQ FROM 20090501-20100430." ____________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: 30 May 2018 DOCKET NUMBER: AR20160012934 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 Overseas Service Ribbon and Iraq Campaign Medal. 2. The applicant states he deployed to Iraq from June 2009 to March 2010 with Company C, 4-6 Infantry Regiment, 4th Brigade Combat Team, 1st Armored Division. 3. The applicant provides an affidavit from his first sergeant at the time in question. 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 12 June 2008 for a period of 5 years and 16 weeks. 3. Section I (Assignment Information/Overseas/Deployment Combat Duty) of his Enlisted Record Brief, dated 1 May 2014, is blank. 4. The Defense Finance and Accounting Service confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 1 May 2009 through 30 April 2010 (total of 1 year). 5. On 21 February 2014, he was discharged. 6. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon 7. This DD Form 214 shows in: * item 12f (Foreign Service) – "0000 00 00" * item 18 (Remarks) – no deployments 8. He provided an affidavit from his first sergeant at the time in question, dated 12 December 2011, stating he deployed with the applicant from Fort Bliss to Iraq from June 2009 to March 2010. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. b. According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense. Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour. c. The Iraq Campaign Medal is awarded to members who have 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 are: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) * Iraqi Governance (29 June 2004-15 December 2005) * National Resolution (16 December 2005-9 January 2007) * Iraqi Surge (10 January 2007-31 December 2008) * Iraqi Sovereignty (1 January 2009-31 August 2010) * New Dawn (1 September 2010-31 December 2011) 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. The instructions stated: a. For item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 from the Soldier's record. b. For item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD- YYYYMMDD)." DISCUSSION: 1. Defense Finance and Accounting Service records combined with the affidavit from the applicant's first sergeant confirmed his deployment to Kuwait/Iraq from 1 May 2009 to 30 April 2010. Based on this service, he is eligible for award of the Overseas Service Ribbon and Iraq Campaign Medal with one bronze service star. His DD Form 214 does not show these awards. 2. As related issues, item 18 of his DD Form 214 should be corrected to show his service in Kuwait/Iraq from 1 May 2009 to 30 April 2010 and item 12f of his DD Form 214 should be corrected to show he completed 1 year of 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) AR20160012934 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012934 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2