IN THE CASE OF: BOARD DATE: 19 November 2018 DOCKET NUMBER: AR20170003220 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: 19 November 2018 DOCKET NUMBER: AR20170003220 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: a. deleting the entry in item 12f (Foreign Service) of his DD Form 214; b. deleting the entry, "//SERVICE IN IRAQ FROM: 20040315 – 20050315//" and the Iraq Campaign Medal with campaign star from item 18 (Remarks) of his DD Form 214; c. adding to item 12f of his DD Form 214 the entry "0002 04 15" d. adding to item 18 of his DD Form 214 the Iraq Campaign Medal with 3 bronze service stars and the statement "SERVICE IN KUWAIT/IRAQ 20061001 – 20080131." _________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: 19 November 2018 DOCKET NUMBER: AR20170003220 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 Duty) to show he served in Iraq from October 2006 to January 2008 instead of 15 March 2004 through 15 March 2005. 2. The applicant states he was not deployed from 15 March 2004 through 15 March 2005. His deployment with 1st Cavalry, 1st Brigade, 115th Base Support Battalion is missing. He further states the foreign service listed in item 12f (foreign service) should be over 2 years. 3. The applicant provides a copy of his DD Form 214. 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. Having 4 years and 1 month of prior active service in the U.S. Marine Corps, the applicant enlisted in the Regular Army (RA) on 10 February 2005. 3. He was honorably discharged on 4 August 2013, after completing 8 years, 5 months and 25 days of active service. Item 12f (Foreign Service) of his DD Form 214 contains the entry "0001 11 11." Item 18 (Remarks) shows service in Iraq for the period 15 March 2004 to 15 March 2005 (a period of 1 year and 1 day) and 22 July 2009 to 1 July 2010 (a period of 1 year and 22 days). This form further shows he was awarded or authorized the: * Army Commendation Medal * Army Achievement Medal (4th Award) * Meritorious Unit Commendation (2nd Award) * U.S. Navy/U.S. Marine Corps Presidential Unit Citation * Army Good Conduct Medal (2nd Award) * National Defense Service Medal (2nd Award) * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Iraq Campaign Medal with campaign star * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * U.S. Navy Sea Service Deployment Ribbon (2nd Award) 4. On 18 September 2018, by email, a Defense Finance and Accounting Service (DFAS) official verified the applicant received hostile fire/imminent danger pay for service in Kuwait for the period 1 October 2006 to 31 January 2008 (a period of 1 year and 4 months). REFERENCES: 1. Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)." 2. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). 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 are: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) * Iraqi Governance (29 June 2004-15 December 2005) * National Resolution (16 December 2005-9 January 2007) * Iraqi Surge (10 January 2007-31 December 2008) * Iraqi Sovereignty (1 January 2009-31 August 2010) * New Dawn (1 September 2010-31 December 2011) DISCUSSION: 1. The applicant enlisted in the RA and he entered active duty on 10 February 2005. The evidence of record is ambiguous regarding the applicant's actual dates of service in Iraq; however, based on the dates listed on his DD Form 214, it is apparent an administrative error occurred since he could not have been in Iraq as an RA Soldier in 2004 prior to his enlistment on 10 February 2005. 2. DFAS records show he served in Kuwait from 1 October 2006 to 31 January 2008 (a period of 1 year and 4 months). At the time, he would have been processed into the theater of operations through the finance office in Kuwait, which is likely why DFAS records show he served in that country. 3. Evidence shows he subsequently served in Iraq for the period 22 July 2009 to 1 July 2010 (a period of 1 year and 22 days), which is listed on his DD Form 214. Based on the available evidence, he served in Kuwait/Iraq for the periods 1 October 2006 to 31 January 2008 and 22 July 2009 to 1 July 2010 for a total of 2 years, 4 months and 15 days foreign service during this period. 4. Based on the dates of his two deployments for service in Kuwait/Iraq, he is entitled to the Iraq Campaign Medal with 3 bronze service stars instead of the Iraq Campaign Medal with campaign star currently listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170003220 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170003220 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2