ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 March 2019 DOCKET NUMBER: AR20170005239 APPLICANT REQUESTS: correction of item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq from September 2004 to January 2005. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * two memorandums, 528th Special Operations Support Battalion (AIRBORNE), dated 31 January 2005 * Permanent Orders 285-038, Headquarters, Joint Task Force, dated 12 October 2005, with attachment * excel sheet, undated 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 he deployed twice but his DD Form 214 only shows one deployment. He deployed once to Iraq and once to Afghanistan. 3. The applicants DD Form 214 covers the period 1 May 2003 through 30 April 2007 and contains the following information: a. Block 8a (Last Duty Assignment and Major Command): shows His last duty assignment was with the 7th Special Forces Support Company, Special Forces Group, b. Block 12f (Foreign Service) contains the entry "0000 07 12," c. Block 13 (Decorations, Medals, Badges, citations and Campaign Ribbons Awarded or Authorized) lists the following awards: * Army Commendation Medal (2nd Award) * Army Achievement Medal (2nd Award) * Army Good Conduct Medal * National Defense Service Medal * Afghanistan Campaign Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Parachutist Badge d. Block 18 (Remarks) contains the following entries: * "SERVICE IN OPERATION IRAQI FREEDOM (AFGHANISTAN) FROM 20060104 TO 20060815" * "SERVED IN AN IMMINENT DANGER PAY AREA" * there is not an entry for a period of service in Iraq from September 2004 through January 2005 4. The applicant provides the following evidence: a. Orders, dated 12 October 2005, which shows he was awarded the Combat Action Badge for satisfactory performance of duty while under hostile fire; and b. A memorandum provides verification of award entitlement for the Global War on Terrorism Expeditionary Medal for his period of service while assigned or attached to Bravo Company, 528th Special Operations Support Battalion (AIRBORNE) during Operation Enduring Freedom/Iraqi Freedom. 5. The applicant's record did not contain an enlisted record brief (ERB). 6. An email from the Defense Finance and Accounting Service, dated 7 March 2019, shows the applicant served in Afghanistan during his period of service from 1 September 2004 through 30 April 2005 (8 months) and also from 1 January 2006 through 31 August 2006 (8 months and 3 days). [Total period: 1 year, 4 months, 3 days] 7. Army Regulation 635-8 (Separation Documents) provides guidance pertaining to the completion of the various blocks of the DD Form 214 and states that: a. the foreign service completed during the period covered by the DD Form 214 is taken from the ERB and entered in item 12f. b. when an active duty Soldier was deployed with his or her unit during the period covered by the DD Form 214, the entry "SERVICE IN (name of country) FROM (inclusive dates in YYYY/MM/DD format)" would be entered in block 18. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant partial relief. The applicant’s contentions and the DFAS data were carefully considered. Based upon the preponderance of evidence, the Board agreed the additional wartime service in Afghanistan should be listed on his DD Form 214; there is no date confirming he had a deployment to Iraq. In addition, the applicant was awarded the CAB, so the Board recommends adding the CAB to his DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 for the period ending 30 April 2007 by: a. amending block 12f to show “01 04 03’ b. amending block 18 by adding “SERVICE IN AFGHANISTAN FROM 20040901 – 20050430”; and c. adding the CAB 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 showing wartime service in Iraq. 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. ADMINISTRATIVE NOTE(S): Not Applicable 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 635-8 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. a. Foreign service, taken from the ERB, performed during the period covered in block 12c (Net Active Service This Period) of the individual's DD Form 214 would be entered in item 12f. b. When an active duty Soldier was deployed with his or her unit during the period covered by the DD Form 214, the entry "SERVICE IN (name of country) FROM (inclusive dates in YYYY/MM/DD format)" would be entered in block 18. 3. Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense. a. Initial award of the Global War on Terrorism Expeditionary Medal was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility (AOE) that included Afghanistan and Iraq. b. Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170005239 3 1