IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20170000640 BOARD VOTE: ___x______ ___x____ _____x___ 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: 20 November 2018 DOCKET NUMBER: AR20170000640 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Iraq Campaign Medal with two bronze service stars to his DD Form 214. _____________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: 20 November 2018 DOCKET NUMBER: AR20170000640 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) to show award of the Iraq Campaign Medal and any additional medals he is authorized. 2. He states, in effect, that a friend told him that he was authorized this award. 3. He provides his DD Form 214, ending 10 May 2008. 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. On 17 August 1999, the applicant enlisted in the Regular Army and served as a 14E (Patriot Fire Control Operator). 3. His Enlisted Record Brief (ERB), dated 27 February 2008, does not list any deployment areas in Section 1 (Assignment Information-Overseas/Deployment Combat Duty). 4. On 10 May 2008, he was honorably discharged from active duty. He completed 8 years, 8 months, and 24 days of net active service. 5. The DD Form 214 for this period of service contains the following entries: * item 12f (Foreign Service), 3 years, 8 months, and 29 days * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Army Commendation Medal * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Global War of Terrorism Service Medal * Korean Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon (3rd Award) * item 18 (Remarks) - he served in: * Kuwait from 27 August 2000 to 11 January 2001 * Kuwait/Iraq from 3 April 2003 to 2 April 2004 * Qatar from 15 November 2006 to 19 December 2006 * Qatar from 5 February 2007 to 6 February 2008 REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. 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 (also called campaign star) is authorized for wear with this medal for participation in each credited campaign. During his service in Iraq, the applicant participated in the following two campaigns: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) b. Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal. No service member will be entitled to both medals for the same act, achievement, or period of service. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show award of the Iraq Campaign Medal and any other awards he is authorized. 2. The applicant completed foreign service in: * Kuwait from 27 August 2000 to 11 January 2001 * Kuwait/Iraq from 3 April 2003 to 2 April 2004 * Qatar from 15 November 2006 to 19 December 2006 * Qatar from 5 February 2007 to 6 February 2008 3. This foreign service is a qualifying period for award the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal. The Iraq Campaign Medal is not listed on his DD Form 214. Additionally, his participation in two campaigns meets the criteria for award of two bronze service stars for wear on the Iraq Campaign Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000640 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000640 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2