ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 April 2019 DOCKET NUMBER: AR20170002510 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: * item 4b (Pay Grade), O1E * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), Global War on Terrorism Expeditionary Medal or Iraq Campaign Medal * item 18 (Remarks), Member has completed first full term of service APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Enlisted Record Brief (ERB) * Order Number 42-49, 321-23, 342-002, and 169-1306 * DD Form 214 Worksheet * Leave and Earnings Statement (LES) * Memorandum, subject: Notification of Separation * DD Form 214 for period ending 4 July 2009 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states that item 4b of his DD Form 214 should reflect his pay grade as O1E; item 13 should reflect the Global War on Terrorism Expeditionary Medal, Iraq Campaign Medal or both; and item 18 should reflect that he has completed his first full-term of service because he was discharged. He was enlisted, commissioned, and noncommissioned. He was in Iraq twice, once from 2003-2004 and again from 2005-2006. He was honorably discharged. He did not have a problem with his DD Form 214 prior and he did not know it had mistakes and was missing information. 3. The applicant provides: a. His ERB, which shows he was an enlisted member. It shows his deployment information as being in Iraq from 1 November 2003 to 1 February 2004 and 14 January 2005 to 20 December 2005. b. Order Number 42-49, dated 11 February 2003, which shows his unit was directed for a temporary change of station with an effective date of on or about 28 February 2003 to 8 March 2003. c. Order Number 321-23, dated 17 November 2003, which shows his unit was directed for a temporary change of station with an effective date of on or about 1 December 2003. d. Orders Number 342-002, dated 8 December 2004, which show his unit was directed for group travel and transportation from Iraq with an effective date of on or about 12 January 2005. e. A DD Form 214 Worksheet which shows his synopsis of active duty service as an enlisted member. It also shows he was honorably released from active duty to accept a commission in the Army. f. An LES, dated 1-30 November 2008, which shows he was paid as an O1E. g. Memorandum, subject: Notification of Separation, dated 17 June 2009, which shows the applicant was notified of his discharge from the Army. h. Orders 169-1306, which show the applicant was discharged on 4 July 2009. 4. A review of the applicant’s service records shows the following: a. He enlisted in the Regular Army on 15 May 2003. b. He deployed to Iraq from 1 November 2003 to 1 February 2004 and from 14 January 2005 to 20 December 2005. c. He was honorably discharged on 31 October 2007 to accept a commission in the Army. His DD Form 214 shows he completed 4 years, 5 months, and 16 days of active service and had not completed his first full term of service. It shows he was awarded or authorized: * Army Commendation Medal * Army Achievement Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * Driver and Mechanic Badge with Driver “W” Clasp d. He was appointed as a commissioned officer on 1 November 2007. e. He was honorably discharged on 4 July 2009. His DD Form 214 shows he completed 1 year, 8 months, and 4 days of active service and had not completed his first full term of service. It added award of the Army Commendation Medal (2nd Award). 5. By regulation: a. The data entered in item 4b of the DD Form 214 is the active duty pay grade at time of separation from ERB/ORB. b. The Global War on Terrorism Expeditionary Medal is authorized for award to members who are deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. Soldiers who elect to receive the Global War on Terrorism Expeditionary Medal in lieu of the Iraq Campaign Medal are not authorized service stars for those campaigns in which the Global War on Terrorism Expeditionary Medal is awarded. c. The Iraq Campaign Medal is authorized to individuals serving in direct support of Operation Iraqi Freedom or Operation New Dawn. The period of eligibility is on or after 19 March 2003 to 31 December 2011. One bronze service star will be worn on the suspension and service ribbon of the Iraq Campaign Medal for participation in each of the following: * Liberation of Iraq (19 March 2003 to 1 May 2003) * Transition of Iraq (2 May 2003 to 28 June 2004) * Iraqi Governance (29 June 2004 to 15 December 2005) * National Resolution (16 December 2005 to 9 January 2007) * Iraqi Surge (10 January 2007 to 31 December 2008) * Iraqi Sovereignty (1 January 2009 to 31 August 2010) * New Dawn (1 September 2010 to 31 December 2011) d. To determine if an officer has completed their commitment/first full-term of service, refer to the initial active duty order as appropriate, for the number of months the officer is ordered to active duty. Officer Candidate School graduates accepting an appointment in the Regular Army or a Reserve appointment with a concurrent call to active duty incur a 3-year active duty service obligation. BOARD DISCUSSION: The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. Further, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to reflect O1E and “Soldier has completed first full term of service.” BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF x x x: GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 adding the following awards to his DD Form 214: * Global War on Terrorism Expeditionary Medal * Iraq Campaign Medal with two bronze service stars 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 amending his DD Form 214 to reflect O1E and “Soldier has completed first full term of service.” 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 600-8-22 (Military Awards), currently in effect, prescribes the Army policy, criteria, and administrative instructions concerning individual military decorations. a. The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days. 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 Kuwait. b. The Iraq Campaign Medal is authorized to individuals serving in direct support of Operation Iraqi Freedom or Operation New Dawn. The period of eligibility is on or after 19 March 2003 to 31 December 2011. One bronze service star will be worn on the suspension and service ribbon of the Iraq Campaign Medal for participation in each of the following designated service: * Liberation of Iraq (19 March 2003 to 1 May 2003) * Transition of Iraq (2 May 2003 to 28 June 2004) * Iraqi Governance (29 June 2004 to 15 December 2005) * National Resolution (16 December 2005 to 9 January 2007) * Iraqi Surge (10 January 2007 to 31 December 2008) * Iraqi Sovereignty (1 January 2009 to 31 August 2010) * New Dawn (1 September 2010 to 31 December 2011) 3. AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents. a. For item 4 (Grade, Rate or Rank), enter active duty grade or rank and pay grade at time of separation from Enlisted Record Brief/Officer Record Brief. b. For item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), list awards and decorations for all periods of service in the priority sequence. Each entry will be verified by the Soldier’s records. c. For item 18 (Remarks), a mandatory entry on whether a Soldier has or has not completed his/her first full term of service is required. This information assists the State in determining eligibility for unemployment compensation entitlement. The following guidance will help determine which entry to use: (1) Routinely, a Soldier should not be considered to have completed the first full term of active service if separation occurs before the end of the initial contracted period of service. (2) To determine if an enlisted Soldier has completed the first full term of enlistment, refer to the enlistment/reenlistment documents and compare the term of enlistment to the net service in block 12c of the DD Form 214. If Soldier has completed or exceeded the initial enlistment, enter “has.” If item 12c of the DD Form 214 is less than the Soldier’s initial enlistment, enter “has not.” (3) To determine if an officer has completed their commitment, refer to the initial active duty order as appropriate, for the number of months the officer is ordered to active duty. Compare the service obligation to the net service in block 12c of the DD Form 214. If an officer has met or exceeded the obligation, enter “has.” If item 12c of the DD Form 214 is less than the Soldier’s commitment, enter “has not.” 4. AR 350-100 (Officer Active Duty Service Obligations), in effect at the time, establishes guidance on active duty service obligations for officers. It states that Officer Candidate School graduates incur a 3 year active duty service obligation. ABCMR Record of Proceedings (cont) AR20170002510 7 1