IN THE CASE OF: BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160015432 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: 6 June 2018 DOCKET NUMBER: AR20160015432 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. adding award of the Army Commendation Medal and the Iraq Campaign Medal with two bronze service stars to his DD Form 214, and b. adding the statement "SERVICE IN KUWAIT/IRAQ FROM 20030401- 20030831" to item 18 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 Global War on Terrorism Expeditionary 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: 6 June 2018 DOCKET NUMBER: AR20160015432 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 his service in Iraq with the 159th Medical Company in 2003. He further requests the Iraq Campaign Medal (ICM) and the Global War on Terrorism Expeditionary Medal (GWOTEM). He also requested a personal appearance hearing before eh Board. 2. The applicant states, in effect, he was unable to update his DD Form 214 during out-processing due to a scheduling conflict with the service officer. 3. The applicant provides no additional evidence; however, he claims the Department of Veterans Affairs has records showing his service in Iraq in 2003, which exceeded 30 days. 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 22 April 1999. 3. He was honorably discharged on 18 September 2004. He completed 5 years, 4 months and 27 days of net active service during this period. The DD Form 214 he was issued at the time shows in: * Item 12f (Foreign Service) - "0004 10 18" * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the: * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon * North Atlantic Treaty Organization Medal * Aircraft Crewmember Badge * Global War on Terrorism Service Medal (GWOTSM) * Kosovo Campaign Medal * Item 18 (Remarks) no deployment entry for service in Iraq 4. His records contain an Army Commendation Medal (ARCOM) for commendatory achievement while assigned to the 159th Medical Company for the period 26 March through 3 April 2003. 5. During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account which shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 1 April through 31 August 2003. 6. The applicant was contacted by an analyst for the ABCMR to determine whether the applicant wanted to be awarded the ICM with two bronze service stars in lieu of the GWOTEM. He requested the ICM with two bronze service stars. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general area of eligibility encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense. b. The ICM is awarded to members who 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 ICM 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. Under no condition will personnel or units receive the ICM, the GWOTEM, the GWOTSM, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service. 2. Army Regulation 635-5 (Separation Documents), then in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army and establishes standardized policy for preparation of the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form should be complete and accurate. Chapter 2 contains guidance for preparation of the DD Form 214. It states 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)" in item 18. 3. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR will decide cases on the evidence of record. It is not an investigative body. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. Additionally, applicants may be represented by counsel at their own expense. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant's request for a personal appearance hearing was carefully considered. However, by regulation, an applicant is not entitled to a hearing before the Board. Hearings may be authorized by a panel of the Board or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant and his counsel is sufficient to render a fair and equitable decision at this time. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. Permanent orders awarded him an ARCOM. Therefore, he is entitled to correction of his DD Form 214 to show this award. 3. The evidence of record is ambiguous regarding the applicant's actual dates of service in Iraq. DFAS records indicate the applicant was deployed to Kuwait from 1 April through 31 August 2003. At the time, he would likely have been processed into the theater of operations through Kuwait, which is likely why DFAS records show he served in that country. 4. The DFAS information should be accepted as sufficient evidence with which to amend item 18 of the applicant's DD Form 214 to show he served in Kuwait/Iraq from 1 April to 31 August 2003. 5. Therefore, the evidence shows he completed a qualifying period of service for entitlement to either the ICM with two bronze service stars or the GWOTEM. However, regulatory policy prohibits the award of both medals for the same period of time. The applicant informed an ABCMR staff member that he desired to receive the ICM with two bronze service stars in lieu of the GWOTEM. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015432 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015432 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2