IN THE CASE OF: BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20160013708 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: 21 November 2017 DOCKET NUMBER: AR20160013708 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 amending his DD Form 214 to add the: * Iraq Campaign Medal with two bronze service stars * Army Commendation Medal * Korea Defense Service Medal * Marksman Marksmanship Qualification Badge with Grenade Bar 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 issuing him Member-4 copy of his DD Form 214, showing his deployment to Iraq from March to August 2003, and two awards of the Army Commendation 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. IN THE CASE OF: BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20160013708 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 "Member-4" copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty). Additionally, he requests correction of his DD Form 214 to show: * his deployment to Iraq from March to August 2003 * two awards of the Army Commendation Medal (ARCOM) 2. He states he served in Iraq from March to August 2003 and returned from Iraq under medical conditions. He states he never received Member-4 copy of his DD Form 214. 3. He does not provide any additional evidence. 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 9 July 1997. On 30 November 2003, he was honorably released from active duty. His DD Form 214 credits him with 6 years, 4 months, and 22 days of active duty service and contains the following entries: a. Item 12f (Foreign Service) "0001  04  26" b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) c. Item 18 (Remarks) "SERVICE IN KUWAIT/IRAQ FROM 20030407 - 20030701." 3. A review of the applicant's official military personnel file (OMPF) shows: a. A certificate containing Permanent Orders Number 342-3 issued by Headquarters, 8th Military Police Brigade, dated 8 December 1998, that awarded him the ARCOM for the period 28 December 1997 to 28 December 1998. b. A copy of "SERVICE - 2" DD Form 214. c. A DA Form 2-1 (Personnel Qualification Record - Part II): * Item 5 (Overseas Service) he served in Korea from 28 December 1997 to 27 December 1998 * item 9 (Awards, Decorations and Campaigns) he qualified as marksman with the hand grenade. 4. His record is void of any evidence or a certificate or orders that show he was awarded a second award of the ARCOM. 5. Information provided by the Defense Finance and Accounting Service (DFAS) verified that the applicant received hostile fire pay/imminent danger pay and a combat zone tax exemption from 8 April 2003 to 2 July 2003 while assigned in Kuwait. 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 (ICM) is awarded to members who served in direct support of Operation Iraq 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 ICM 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 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) b. The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the ARCOM. d. The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have 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. 2. Army Regulation 635-5 (Separation Documents), in effect at the time establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-5, Distributing copies, states that Copy 4 (Member-4) is presented to a Soldier when he or she depart the transition center or permissive temporary duty and/or transition leave. DISCUSSION: 1. The applicant's DD Form 214 shows he served in Iraq/Kuwait from 7 April 2003 to 1 July 2003. This information is consistent with the information provided by DFAS. There is no evidence and he has not provided any to show he served in Iraq from March to August 2003. 2. Based on his service in Iraq/Kuwait from 7 April 2003 to 1 July 2003, it appears he is eligible for award of the ICM with two bronze service stars. This award is not reflected on his DD Form 214. 3. Orders verify he was awarded an ARCOM. This award is not reflected on his DD Form 214. 4. There is no evidence and he did not provide any to show he was awarded two ARCOMs. 5. His DA Form 2-1 verifies he qualified and was awarded the Marksman Marksmanship Qualification Badge with Grenade Bar. This badge is not reflected on his DD Form 214. 6. The evidence of record shows he served in Korea from 28 December 1997 to 27 December 1998 during a qualifying period for award of the KDSM. This award is not reflected on his DD Form 214. 7. Member-4 copy of the applicant's DD Form 214 is not contained in his OMPF and this Board does not reproduce this form for the sole purpose of issuing that copy. However, a copy of the Service-2 form is contained in his OMPF, which he has access to and is an exact duplicate of the Member-4 copy. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013708 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013708 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2