ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 28 August 2019 DOCKET NUMBER: AR20170006114 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by adding: * Iraq foreign service credit * Bronze Star Medal (BSM) * Army Commendation Medal (ARCOM) * Southwest Asia awards (i.e. Southwest Asia Service Medal) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Records) * thank you letter * DA Form 638 (Recommendation for Award), BSM * DA Form 638, ARCOM * service member deployment history * Operation Iraqi Freedom (OEF) Certificate * Operation Enduring Freedom (OIF) I Certificate * DD Form 214 Worksheet 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 their case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states to update his records to reflect his actual service and awards. 3. The applicant provides: a. Thank you letter, dated 29 August 2003, from Brigadier General RAH, for his unbelievable support to 1st Armored Division Soldiers and all the Soldiers of Task force Baghdad during his time in Dogwood. His professional competence, personal commitment, and dedicated service, was instrumental in saving the lives of countless Soldiers and Iraqis. b. DA Form 638, dated 29 December 2003, recommends him for a BSM for a period from 11 March 2003 to 14 February 2004. The award recommendation details the acts and service that the applicant displayed while serving with the 28th Combat Support Hospital (CSH) during OIF. His BSM recommendation was downgraded to an ARCOM. He was awarded the ARCOM with permanent order number 25-04. c. DA Form 638, dated 3 June 2004, recommends him for an ARCOM for a period from 29 March 2001 to 27 October 2004. The award recommendation details the acts and service that the applicant displayed while serving as a utilities repair specialist for the 28th CSH. He was awarded this ARCOM with permanent order number 177-01. d. His service member deployment history for 1 March 01 to 24 August 2004 shows the following: * completed a service exercise for AFZA-MB-HA-Robinsage in the U.S. from 27 April 2001 to 11 May 2001 * went to war for AFZA-MB-H-OIF1 worldwide from 9 March 2003 to 15 February 2004 e. He received an OEF certificate for deploying with the 28th CSH. The certificate does not show dates. f. He received an OIF I certificate for deploying with the 30th Medical Brigade. The certificate does not show dates. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 31 August 2000. b. On 26 October 2004, his DD Form 214 shows he was honorably released from active duty for completing his required active service. He was transferred to the USAR Control Group (Reinforcement), U.S. Army Reserve Personnel Command, St. Louis, MO. He completed 4 years, 1 month, and 26 days of active service. His DD Form 214 also shows he was awarded or authorized: * ARCOM (2nd Award) * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar * Driver and Mechanic Badge with Mechanic Bar * his DD Form 214 also shows in item 12f (Foreign Active Service) 0000 00 00 6. By regulation, AR 635-5 (Personnel Separations - Separation Documents), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. The instructions for completing the DD Form 214 states for item 12f (Foreign Active Service), enter the total amount of foreign service completed during the period covered. 7. By regulation, AR 600-8-22 (Military Awards), a. The BSM is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. c. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. d. The Southwest Asia Service Medal is awarded to members of the Armed Forces of the U.S. serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for wear with this medal for participation in each credited campaign. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that partial relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board made the following findings: * There is an award recommendation for the applicant to be awarded the BSM, however that award was downgraded to an ARCOM by the approving official * The applicant’s DD Form 214 already reflects two ARCOMs * The applicant served in Iraq from 9 March 2003 to 14 February 2004. This service is not reflected on his DD Form 214. This service qualifies the applicant for the Iraq Campaign Medal; however, the service period is outside the qualifying period for the Southwest Asia Service Medal. For the reasons above, the Board concluded that partial relief was warranted. 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by * (Item 12f) changing it to read, “0000 11 07” * (Item 13) adding the Iraq Campaign Medal * (Item 18) adding “SERVICE IN IRAQ 030309-040214” 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 awarding and adding a BSM and ARCOM (2d Award). X Signature I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in their 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. There 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 (AR) 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty). Section II – Instructions for Preparing DD Form 214. The instructions for completing the DD Form 214 states for item 12f (Foreign Active Service), enter the total amount of foreign service completed during the period covered. 3. Army Regulation 600-8-22 (Military Awards) in effect at the time, prescribes the policies and procedures for military awards and decorations. a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision. This statement will include the period of disqualification and will be referred to the individual concerned for response. The unit commander will consider the individual’s statement. If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for permanent filing in the individual’s Official Military Personnel File (OMPF). The immediate commander’s decision to award the Army Good Conduct Medal will be based on his or her personal knowledge and of the individual’s official records for the periods of service under previous commanders during the period for which the award is to be made. However, there is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. d. The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated campaigns are: * Defense of Saudi Arabia (2 August 1990 to 16 January 1991) * Liberation and Defense of Kuwait (17 January to 11 April 1991) * Cease-Fire Campaign (12 April 1991 to 30 November 1995)