BOARD DATE: 27 June 2018 DOCKET NUMBER: AR20160015186 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: 27 June 2018 DOCKET NUMBER: AR20160015186 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 Iraq Campaign Medal with campaign star and Overseas Service Ribbon (2nd Award) from his DD Form 214 for the period ending 12 March 2013 and b. adding the Iraq Campaign Medal with three bronze service stars and Overseas Service Ribbon with Numeral 4 to this 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 adding the Iraq Campaign Medal with one silver service star to his DD Form 214 for the period ending 12 March 2013. _____________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: 27 June 2018 DOCKET NUMBER: AR20160015186 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) for the period ending 12 March 2013 to show award of the Iraq Campaign Medal with one silver service star and Overseas Service Ribbon with Numeral 4. 2. The applicant states his Iraq Campaign Medal only has one bronze service star, but he served three tours in Iraq and participated in five campaigns. He served four overseas tours (3 in Iraq and 1 in Germany) and his DD Form 214 shows the Overseas Service Ribbon with Numeral 2. His Enlisted Brief Record (ERB) shows his three tours in Iraq and one in Germany. 3. The applicant provides: * ERB * DD Forms 214 for the periods ending 21 November 2004 and 12 March 2013 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 16 January 2002. He served in Kuwait/Iraq from 2 March 2003 to 16 February 2004. On 21 November 2004, he was honorably released from active duty to attend school. His DD Form 214 for the period ending 21 November 2004 shows, among other awards, the Global War on Terrorism Expeditionary Medal (for his service in Kuwait/Iraq). 3. He enlisted in the Regular Army on 21 August 2006. He served in Iraq from: * 1 July 2007 to 6 September 2008 * 29 April 2010 to 1 April 2011 4. His ERB shows he was credited with three deployments in Iraq. Section IX (Assignment Information) of his ERB shows he was assigned to Germany from 1 July 2009 to 8 August 2011. 5. On 12 March 2013, he was honorably discharged for completion of required active service. His DD Form 214 for the period 12 March 2013 shows, among other awards, the Iraq Campaign Medal with one bronze service star and Overseas Service Ribbon (2nd Award). REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Initial award of the Global War on Terrorism Expeditionary Medal was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility, including Iraq. b. 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) c. 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. d. 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. DISCUSSION: 1. The applicant's DD Form 214 for the period ending 12 March 2013 shows award of the Iraq Campaign Medal with one bronze service star and two Overseas Service Ribbons. 2. He contends he is entitled to the Iraq Campaign Medal with one silver service star because he served three tours in Iraq and participated in five campaigns. 3. He also contends he is entitled to four Overseas Service Ribbons for his three tours in Iraq and one tour in Germany. 4. The evidence of record shows he was awarded the Global War on Terrorism Expeditionary Medal for his first deployment in Iraq from 2 March 2003 to 16 February 2004 and participation in two campaigns. Based on this deployment, he is eligible for award of the Overseas Service Ribbon. 5. Based on his service during his second deployment in Iraq from 1 July 2007 to 6 September 2008, he is eligible for a second award of the Overseas Service Ribbon and entitled to one bronze service star for wear on his Iraq Campaign Medal. 6. Based on his service during his third deployment in Iraq from 29 April 2010 to 1 April 2011, he is eligible for a third award of the Overseas Service Ribbon and entitled to two bronze service stars for wear on his Iraq Campaign Medal. 7. His ERB confirmed his tour in Germany from 2009 to 2011. Based on this service, he is eligible for a fourth award of the Overseas Service Ribbon. 8. His DD Form 214 for the period ending 12 March 2013 does not show three bronze service stars for wear on his Iraq Campaign Medal or four Overseas Service Ribbons. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015186 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015186 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2