IN THE CASE OF: BOARD DATE: 12 June 2018 DOCKET NUMBER: AR20160014774 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 IN THE CASE OF: BOARD DATE: 12 June 2018 DOCKET NUMBER: AR20160014774 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his foreign service in Iraq and the Valorous Unit Award. 2. The applicant states, in effect, he served in support of Operation Iraqi Freedom with the 172nd Stryker Brigade, Fort Wainwright, AK, and his DD Form 214 does not reflect his foreign service in Iraq. He also states the 172nd Stryker Brigade received the Valorous Unit Award for deployment extension, but it is not reflected on his DD Form 214. 3. The applicant provides no additional documentation in support of his request. 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 July 2004. After completing initial training, he was awarded military occupational specialty (MOS) 13R (Field Artillery Firefinder Radar Operator). 3. His Enlisted Record Brief (ERB) shows: * Section I – Assignment Information, (OS (Overseas)/Deployment Combat Duty), he was deployed to Afghanistan from 1 April 2007 to 17 April 2008 * Section VIII – Awards and Decorations, among his many awards, he was awarded the Iraq Campaign Medal and the Combat Action Badge * Section IX – Assignment Information: * he arrived at Fort Wainwright, AK (outside continental United States), on or about 10 June 2005 and departed on or about 31 January 2007, a period of 1 year, 7 months and 21 days * he was assigned to Headquarters and Headquarters Battery, 4th Battalion, 11th Field Artillery, Fort Wainwright, AK, from on or about 16 June 2005 to 30 January 2007 4. General Orders (GO) Number 2009-23, issued by Headquarters, Department of the Army on 10 December 2009 awarded the 4th Battalion, 11th Field Artillery, the Valorous Unit Award for extraordinary heroism while engaged in military operations from 16 August 2005 to 3 December 2006. 5. Permanent Orders (PO) Number 280-037, issued by Headquarters, Multi- National Division (Baghdad), Camp Liberty, Iraq, on 7 October 2006, awarded him the Combat Action Badge for actively engaging or being engaged by the enemy on 24 July 2006. The orders also show that he was assigned to Headquarters and Headquarters Battery, 4th Battalion, 11th Field Artillery, 172nd Stryker Brigade Combat Team. 6. On 13 March 2009, he was honorably discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-7 (Other Designated Physical or Mental Conditions). His DD Form 214 shows in: * Item 12f (Foreign Service) – 1 year and 17 days of foreign service * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Army Commendation Medal (3rd Award) * Army Good Conduct Medal * Afghanistan Campaign Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon * North Atlantic Treaty Organization (NATO) Medal * Parachutist Badge * Item 18 (Remarks) – "Service in Afghanistan from 1 April 2007 to 17 April 2008" 7. In an email dated 20 May 2018, an official from the Defense Finance and Accounting Service (DFAS) affirmed the applicant was in the combat zone in Kuwait from 1 August 2005 through 30 November 2006 (1 year, 3 months, and 29 days) and received Hostile Fire/Imminent Danger Pay (HF/IDP) and the Combat Zone Tax Exclusion (CZTE). REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. a. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. b. For item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service this Period). c. For item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). d. For item 18, active duty Soldiers who deployed with their unit during their continuous period of active service should have the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD- YYYYMMDD)" entered for deployments occurring during the period of the report. 2. Army Regulation 600-8-22 states: a. The Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. b. The Overseas Service Ribbon is awarded, effective 1 August 1981, to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status who successfully complete an overseas tour. According to the HRC Awards Branch, Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in a temporary duty/temporary change of station status get credit for a completed short tour. c. The Iraq Campaign Medal was awarded for qualifying service in Iraq on or after 19 March 2003 to 31 December 2011. This same regulation states that a bronze service star will be awarded for wear on the Iraq Campaign Medal for participation in each campaign. A silver star denotes five bronze service stars. Appendix B shows during his service in Iraq (as noted by DFAS, i.e., 1 August 2005 through 30 November 2006 in Kuwait) campaign participation credit was awarded for the below campaigns: * Iraqi Governance from 29 June 2004 to 15 December 2005 * National Resolution from 16 December 2005 to 9 January 2007 d. The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF). A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated Afghanistan campaigns during his service include the Consolidation II campaign (1 October 2006-30 November 2009). DISCUSSION: 1. The applicant served in Kuwait/Iraq as well as Afghanistan: a. His ERB confirms he served at Fort Wainwright, AK, from on or about 10 June 2005 to on or about 31 January 2007, a period of 1 year, 7 months, and 21 days. His DFAS pay records show that during this period of service, he received HF/IDP and CZTE for service in Kuwait from 1 August 2005 through 30 November 2006. Additionally, his service record confirms he was awarded the Combat Action Badge that was issued by Headquarters, Multi-National Division (Baghdad), Camp Liberty, Iraq. He clearly served in Kuwait/Iraq. This deployment is not listed on his DD Form 214. b. He also served in Afghanistan from 1 April 2007 to 17 April 2008, a period of 1 year and 17 days. c. He completed a total of of 2 years, 8 months, and 8 days of foreign service. His DD Form 214 incorrectly credited him with only 1 year and 17 days. d. Based on his service in Iraq, he is authorized the Iraq Campaign Medal. He is also authorized two bronze service stars to be affixed to this medal to designate his participation in two campaigns. e. He was awarded the Afghanistan Campaign Medal. He is also authorized a bronze service star to be affixed to this medal to designate his participation in one campaign. f. PO awarded him the Combat Action Badge. This badge is not listed on his DD Form 214. g. GO awarded his unit in Iraq the Valorous Unit Award. This award is not listed on his DD Form 214. h. Based on his service at Fort Wainwright, AK (during which he deployed to Iraq) and in Afghanistan, he is authorized two awards of the Overseas Service Ribbon. His DD Form 214 credited him with only one award. 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 amending his DD Form 214 for the period ending 13 March 2009 as follows: * delete from item 12f "0001/00/17" and adding "0002/08/08" * delete from item 13 the Afghanistan Campaign Medal and Overseas Service Ribbon and add the Valorous Unit Award, Iraq Campaign Medal with two bronze service stars, Afghanistan Campaign Medal with one bronze service star, Combat Action Badge, and Overseas Service Ribbon with Numeral 2 * add to item 18 "SERVICE IN KUWAIT/IRAQ 20050401 - 20061130" 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) AR20160014774 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014774 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2