ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 September 2019 DOCKET NUMBER: AR20170004278 APPLICANT REQUESTS: to add his foreign service performed in Iraq and Kuwait on his DD Form 214 (Certificate of Release or Discharge from Active Duty) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 2796 (Post Deployment Health Assessment), dated 26 January 2004 * DD Form 214, period ending 18 August 2004 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, in effect, he was deployed to Iraq and Kuwait from February 2003 until February 2004 with the 588th Maintenance Company, 19th Maintenance Battalion, out of Fort Sill, OK. He adds, their arrival in Kuwait was on 20 February 2003. He states he realized around the time of his application, that his foreign service was not documented on his DD Form 214. Lastly, he adds inclusion of the information on his separation document(s) will assist him to qualify for veterans benefits. 3. The applicant provides his Post Deployment Health Assessment (DD Form 2796), showing he arrived in theater on 21 March 2003 and departed on 25 February 2004. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 15 August 2002. b. The applicant’s record was void of Orders indicating the specific start and end dates of his deployment. However, a DD Form 2627 (Record of Proceedings under Article 15, UCMJ) shows he accepted non-judicial punishment under the provisions of Article 15 on 14 August 2003 while assigned at or near LSA Anaconda, Iraq. c. Section I (Assignment Information) of the applicant’s Enlisted Record Brief, dated 24 May 2004, is void of information to show the applicant has deployed. d. He was discharged honorably on 18 August 2004. His DD Form 214 shows he completed 2 years and 4 days of active service, with no lost time during this period of service. e. Item 12f (Foreign Service) of his DD Form 214, shows zero days of foreign service. f. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the same form, shows he was awarded or authorized: * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon g. Item 18 (Remarks), is void of related information to show the applicant has foreign service or served in support of a contingency operation. 5. By regulation (AR 635-8 (Separation Processing and Documents)), item 12f (Foreign Service) of the DD Form 214 lists all foreign service performed outside continental United States. Only when active duty Soldiers are deployed with their unit during their continuous period of active service, the entry “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates).” is entered in Item 18 (Remarks) of the application’s DD Form 214. 6. By regulation (AR 600-8-22) a. The Iraq Campaign Medal is awarded to members who have served in direct support of 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. 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 service are: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) b. The Overseas Service Ribbon is authorized to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status for successful completion of overseas tours. Table 3-2 of AR 614-30 (Overseas Service) identifies tour lengths. Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour. Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by DOD; therefore, the Army gives equivalent credit for periods of change of station/tour of duty. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, specifically the post-service health assessment (DD Form 2796), the Board concluded that granting the applicant’s request by showing he served in Iraq from 21 March 2003 through 25 February 2004. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by: * changing Item 12f to read, “0000 11 12” * adding to Item 18, “Service in Kuwait/Iraq from 20030321-20040225” 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. 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 635-5 (Separation Documents) established 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 12f enter the total amount of foreign service completed during the period covered by the DD Form 214 * item 13, enter all awards, decorations, and badges * 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)" 3. Army Regulation 600-8-22 (Military Awards) states: a. The Iraq Campaign Medal is awarded to members who have served in direct support of OIF. The 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. 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 service are: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) b. The Overseas Service Ribbon is authorized to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status for successful completion of overseas tours. Table 3-2 of Army Regulation 614-30 (Overseas Service) identifies tour lengths. Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour. The reference is Army Regulation 614-30, table 3-2, rules 5 and 7. Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by DOD; therefore, the Army gives equivalent credit for periods of change of station/tour of duty. ABCMR Record of Proceedings (cont) AR20170004278 4 1