IN THE CASE OF: BOARD DATE: 03 October 2018 DOCKET NUMBER: AR20160018872 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: 03 October 2018 DOCKET NUMBER: AR20160018872 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 as follows: a. in item 18 replace “Southwest Asia” with “Kuwait/Iraq.” b. in item 13, add the Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Service Medal, and Valorous Unit Award. 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 the Combat Infantryman Badge. _____________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: 03 October 2018 DOCKET NUMBER: AR20160018872 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 that his period of service in Iraq and the Combat Infantryman Badge be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states his Iraq service time is missing from his DD Form 214. He was awarded the Combat Infantryman Badge with his unit in Iraq, but never received a certificate or the badge. Being awarded the Combat Infantryman Badge would allow him to have his Master’s program paid for at the State University of New York, Oswego. 3. The applicant provides: * DD Form 214 * eployment/redployment orders * post-deployment worksheet and related documents 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's available official records contain only documentation of his enlistment and separation processing. 3. The applicant enlisted in the Regular Army on 22 February 2000. He held military occupational specialty 11B (Infantryman). 4. On 30 January 2003, his unit (Company C, 1st Battalion, 22nd Infantry Regiment) was ordered to deploy to the Central Command area of responsibility as an element of 1st Brigade, 4th Infantry Division (Mechanized), on a date to be determined by the Commander, U.S. Army Forces Command. 5. The redeployment checklist provided by the applicant, shows service in Iraq with Company C, 1st Battalion, 22nd Infantry Regiment, as a Bradley gunner. On 20 November 2003, his request for redeployment was approved by his brigade headquarters located in Tikrit, Iraq, on the basis that he would reach the expiration of his term of service on 21 February 2004. He provides a post-deployment health assessment on which he reported he had arrived in theater on 4 April 2003 and departed theater on 22 December 2003. 5. On 21 February 2004, he was honorably released from active duty by reason of completion of required active service. His DD Form 214 shows: * item 12f (Foreign Service) – 7 months and 29 days * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Lapel Button * Army Commendation Medal * Army Achievement Medal * National Defense Service Medal * Army Service Ribbon * item 18 (Remarks) – service in Southwest Asia from 3 March 2003 to 1 December 2003 6. A review of the applicant's pay records at the Defense Finance and Accounting Service (DFAS) shows he received hazardous duty/imminent danger pay for duty from 1 April 2003 through 31 December 2003 in Kuwait. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides the following: a. The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). The area of eligibility (AOE) 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. b. A bronze service star is authorized for wear with this medal for participation in each credited campaign. The applicant served during the first two approved campaign periods: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) c. 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. d. For award of the Combat Infantryman Badge a Soldier must be an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit is engaged in active ground combat and actively participate in such ground combat. 2. Department of the Army General Orders Number 11, dated 2009, announced award of the Valorous Unit Award to 1st Battalion, 22nd Infantry, for the period 15 April 2003 to 15 March 2004. DISCUSSION: 1. Item 18 of the applicant’s DD Form 214 documents service in “Southwest Asia” from 3 March 2003 to 1 December 2001. DFAS records show he received hazardous duty/imminent danger pay for Kuwait. DFAS documents the point of entry into the area where hazardous duty/imminent danger pay is authorized, but those records are not normally updated to reflect a Soldier’s movement to a different area in the combat theater. In this case, the record shows the applicant’s unit moved forward into Iraq. The evidence would support amending the applicant’s DD Form 214 to show service in Kuwait/Iraq instead of the ambiguous reference to Southwest Asia. The applicant's service in Southwest Asia is documented on his DD Form 214 at item 12f (Foreign Service) and item 18 (Remarks). 2. The applicant meets the eligibility criteria for receipt of the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Service Medal. He was assigned to 1st Battalion, 22nd Infantry, during a period for which the unit was awarded the Valorous Unit Award. These decorations are not listed on his DD Form 214. 3. The available evidence does not clearly confirm that he met all criteria for award of the Combat Infantryman Badge during his period of service in Iraq shortly after the initial invasion by allied forces in 2003. He did serve as an infantryman in an infantry unit that received the Valorous Unit Award for a period coinciding with his assignment, but there is no record specifically identifying his participation in active ground combat. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018872 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018872 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2