IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160019711 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160019711 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: * deleting from item 12f (Foreign Service) of his DD Form 214 the entry "0000-00-00" and replacing it with the entry "0001-02-00" * adding the item 13 of his DD Form 214 the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Service Medal * adding to item 18 (Remarks) of this form the statements "Service in Kuwait From 20020301-20020930/Service in Kuwait from 20030101-20030731" 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 correction of his DD Form 214 to show award of the Combat Action Badge. _________________________ 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: 15 August 2018 DOCKET NUMBER: AR20160019711 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) to show his foreign service in Iraq/Kuwait, his award of the Combat Action Badge, and any other awards for this service. 2. The applicant states his service in Iraq is not reflected on his DD Form 214. He served twice in Iraq. He was also awarded the Combat Action Badge and other medals for service in-country during the war. 3. The applicant provides no evidence. 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 17 July 2000 and he held military occupational specialty (MOS) 21B (Engineer). He was honorably released from active duty on 30 November 2003. His DD Form 214 shows he completed 3 years, 4 months, and 14 days of active service. His DD Form 214 also shows in: * Item 12f (Foreign Service) – Zero credit * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – the National Defense Service Medal, Army Lapel Button, and Army Service Ribbon * Item 18 (Remarks) – No deployments to Kuwait/Iraq 3. His service record, located on the interactive Personnel Electronic Records Management System, is void of any orders or other documents showing he was ever recommended for or awarded the Combat Action Badge by proper authority while serving on active duty. 4. On 20 June 2018, a staff member of the Defense Finance and Accounting Service (DFAS) confirmed he served in Kuwait from: * 1 March to 30 September 2002, a period of 7 months * 1 January to 31 July 2003, a period of 7 months REFERENCES: 1. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It provided standardized policy for the preparation of the DD Form 214 and stated for: * Item 12f – Enter the total amount of foreign service completed during the period covered by the DD Form 214 * Item 13 – List awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22 (Military Awards) * Item 18 – An active duty Soldier deployed to a foreign country 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)" 2. AR 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation states. a. The requirements for award of the Combat Action Badge are branch and MOS immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge. However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area. The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement. The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge. Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict is not authorized. Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001. 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 during the applicant's period of deployment are: * Liberation of Iraq (19 March to 1 May 2003) * Transition of Iraq (2 May 2003 to 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 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. DISCUSSION: 1. The evidence of record shows the applicant served in Kuwait from 1 March to 30 September 2002 and again from 1 January to 31 July 2003. He completed a total of 1 year and 2 months of foreign service. Items 12f and 18 of his DD Form 214 do not list this foreign service credit or deployments. 2. He completed a qualifying period of service in Kuwait/Iraq for award of the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Service Medal. His DD Form 214 does not list these awards. 3. There is no evidence of record and he provided none showing he was recommended or awarded the Combat Action Badge by proper authority during his period of active duty. Additionally, there is no evidence of record he met the qualifications for the Combat Action Badge during this period of service. /NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019711 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019711 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2