IN THE CASE OF: BOARD DATE: 12 June 2018 DOCKET NUMBER: AR20160015442 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 12 June 2018 DOCKET NUMBER: AR20160015442 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) as follows: * item 12f (Foreign Service) to reflect his foreign service in Iraq * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show all military schools, medals, and awards, including but not limited to the – * Army Good Conduct Medal * Global War on Terrorism Service Medal * Southwest Asia Service Medal * Marksmanship Badges * Army Achievement Medal 2. The applicant states, in effect, the foreign service in item 12f, various awards, and military schools were omitted from his DD Form 214 and need to be added. 3. The applicant provides his DD Form 214 to support 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 U.S. Army Reserve for 8 years as a Reserve Officers' Training Corps cadet on 13 February 1996. He was appointed as a Reserve commissioned officer of the Army on 20 December 1998. He entered active duty on 6 March 1999. 3. Orders 56-1-A-105, dated 25 February 1999, show he was ordered to active duty for 4 years in the following branches of service: * Control Branch: Chemical Corps * Basic Branch: Transportation Corps 4. His service record contains a diploma issued by the U.S. Army Transportation School, Fort Eustis, VA. It shows he attended the Transportation Officer (Branch Qualification) Course from 16 April 2001 to 11 May 2001 (4 weeks). 5. His DA Form 67-9 (Officer Evaluation Report) for the rating period 1 October 2002 through 15 June 2003 shows the applicant was assigned to Headquarters and Headquarters Company, 4th Infantry Division, Tikrit, Iraq, in support of Operation Iraqi Freedom. 6. On 1 December 2003, he was honorably released from active duty as a Captain and transferred to the U.S. Army Reserve Control Group (Reinforcement), St. Louis, MO. His DD Form 214 shows in: a. Item 12f (Foreign Service) – "0000/00/00." b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – Army Lapel Button, National Defense Service Medal, and Army Service Ribbon. c. Item 14 (Military Education (Course title, number of weeks and month and year completed)) – Chemical Officer Basic Course, 16 weeks, 1999. d. Item 18 (Remarks) – "Service in Southwest Asia 20030327-20030805" (4 months and 10 days) and "Member has completed first full term of service." 7. In an email, dated 23 May 2018, an official from the Defense Finance and Accounting Service (DFAS) affirmed the applicant was in the combat zone in Kuwait from 1 March 2003 through 31 August 2003 and received Hostile Fire/Imminent Danger Pay (HF/IDP) and Combat Zone Tax Exclusion (CZTE). 8. His Officer Record Brief (ORB) is not available for review. 9. There are no orders in the applicant's service record that confirm he was recommended for or awarded the Army Achievement Medal. 10. There are no documents in his service record that confirm he qualified with any weapon systems or the degree of qualification. REFERENCES 1. Army Regulation 635-5 (Separation Documents), in effect at the time, establishes standardized policy for preparing and distributing the DD Form 214. 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. a. For item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service this Period). b. 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). c. For item 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. Include title, length in weeks, and year completed. d. For item 18, for Reserve 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, in effect at the time, states: a. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal. b. 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. Appendix B shows during his service in Iraq (as noted by DFAS, i.e., 1 March 2003 through 31 August 2003) campaign participation credit was awarded for the below campaigns: * Liberation of Iraq from 19 March 2003 to 1 May 2003 * Transition of Iraq from 2 May 2003 to 28 June 2004 c. The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995. d. The Army Good Conduct Medal is awarded to active duty enlisted Soldiers who distinguish themselves by their conduct, efficiency, and fidelity. It is not awarded to commissioned officers. e. A qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman. The qualification should be shown as Expert Marksmanship Qualification Badge with Rifle Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar. f. The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 3. Department of the Army Pamphlet 350-38 (Standards in Weapons Training) provides commanders with the training strategies for individual, crew, and collective weapons training. The pamphlet is structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons. This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear. 4. Department of the Army (DA) Pamphlet 351-4 (U.S. Army Formal Schools Catalog) is the official source of information on formal courses of instruction offered at U.S. Army Schools and Training Centers. Table 3-24 shows that the prerequisite to attend the Transportation Officer (Branch Qualification) Course is active Army commissioned officers whose branch is Transportation, but have been detailed in a combat arms branch. The officer must have completed an equivalent branch basic qualifying course. The length of the course is 4 weeks. 5. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. a. 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. 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. b. 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 served on active duty from 6 March 1999 to 1 December 2003. He served a qualifying period of service for award of the Global War on Terrorism Service Medal. This award is not listed on his DD Form 214. 2. The applicant also served in Kuwait/Iraq: a. His DFAS pay records confirm he received HF/IDP and CZTE for service in Kuwait from 1 March 2003 through 31 August 2003. At the time, HF/IDP was paid for the entire month regardless when a member deployed. DFAS is considered the authoritative source when determining foreign service credit based on receipt of HF/IDP and CZTE. However, their system may not show all locations to which a Soldier was sent during this deployment. b. His DA Form 67-9 confirms that he was assigned to a unit located in Iraq. He clearly served in Kuwait/Iraq. The specific location of his deployment in Kuwait/Iraq is shown on his DD Form 214 as Southwest Asia. He actually served in Kuwait/Iraq from 27 March 2003 to 5 August 2003. c. Item 12f of his DD Form 214 inadvertently entered "00/00" for month(s) and day(s) of foreign service. His total foreign service should reflect 4 months and 10 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. This award is not listed on his DD Form 214. 3. The Southwest Asia Service Medal was awarded for the period from on or after 2 August 1990 to 30 November 1995. The applicant’s service on active duty began on 6 March 1999. He does not meet the criteria for this award. 4. The Army Good Conduct Medal is awarded to enlisted Soldiers. The applicant was a commissioned officer. He does not meet the criteria for this award. 5. The available records do not show he was recommended for or awarded the Army Achievement Medal. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 6. There is no evidence, in the form of an order, entry on the Officer Record Brief (not available), memorandum/endorsement, or a firing record, that shows the applicant qualified with any weapon systems or the degree of qualification. Although he would have qualified with a weapon, absent evidence showing the type of weapon and degree of qualification there is no basis for adding any marksmanship badges to his DD Form 214. 7. His service record contains orders that show he was ordered to active duty for 4 years in the Transportation Branch. It also contains a diploma that shows he successfully completed the Transportation Officer (Branch Qualification) Course from 16 April 2001 to 11 May 2001 (4 weeks), a formal in-service (full-time attendance) training course, during the period of service covered by the DD Form 214. The course is not listed on his DD Form 214. 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 (Certificate of Release or Discharge from Active Duty) for the period ending 1 December 2003 as follows: * delete from item 12f (Foreign Service) the entry "0000/00/00" and add the entry "0000/04/10" * delete from item 18 (Remarks) the entry "SERVICE IN SOUTWEST ASIA 20030327- 20030805" and add the entry "SERVICE IN KUWAIT/IRAQ 20030327- 20030805" * add to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Iraq Campaign Medal with two bronze service stars and Global War on Terrorism Service Medal * add to item 14 (Military Education (Course title, number of weeks and month and year completed)) the entry “Transportation Officer (Branch Qualification) Course, 4 Weeks, 2001” 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 any relief in excess of that described above. 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) AR20160015442 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015442 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2