ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 October 2019 DOCKET NUMBER: AR20170011893 APPLICANT REQUESTS: his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment time from 1 April 2003 to 31 July 2003, Global War on Terror Expeditionary Medal (GWOTEM), and the Iraq Campaign Medal with bronze service star APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Records) * Leave Earning Statements (LES) achieved print out (1 April to 31 August 2003) * DD Forms 214 (Certificate of Release or Discharge from Active Duty) 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: a. His DD Form 214 does not reflect his service in Iraq from 1 April 2003 to 31 July 2003, the GWOTEM, and Iraq Campaign Medal (ICM) with bronze service star. He was released from “Stop Lost” and left Iraq prior to his unit returning and believes it is because he rotated to the Continental U.S. (CONUS) without his unit. b. In addition, he did not have access to his LES during the time period in question. It was not until Defense Finance Accounting Service (DFAS) made LES’ available to download from the DFAS website for former members who do not have access to a CAC. He needed time to request and receive his LES to provide as supporting documents. It is believed that in the best interest of Justice that the Army Military Correction Board waive the three year period. 3. On 17 October 2019, the applicant was contacted by analyst (X___ X___) via email explaining the authority governing the GWOTEM and the ICM (see attached email), allowing a Soldier to receive only one of these service medals for the same time period. 4. On 17 October 2019, the applicant responded stating he would like to receive the ICM. 5. The applicant provides a printout from the LES archives to show he received Hostile Fire Pay (HFP)/Imminent Danger Pay (IDP) during his deployed to Iraq from 1 April to 31 August 2003. 6. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 24 July 2001. b. The applicant’s service record is void of his deployment; however, he provides LES’ to show he received HFP/IDP from 1 April to 31 August 2003. c. The applicant was honorably discharged on 30 November 2003, he completed 2 years, 4 months and 7 days of net active duty this period. His DD Form 214 shows he was awarded or authorized the Army Lapel Button, Army Commendation Medal (2nd award), National Defense Service Medal and Army Service Ribbon. 7. By regulation, Army Regulation 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. BOARD DISCUSSION: After reviewing the application and supporting documents, the Board found relief was warranted. The applicant’s contentions were carefully considered. His pay record confirms his deployment in 2003 to Iraq; however, the deployment and foreign service credit is not listed on his DD Form 214 for the period ending 30 November 2003. The ICM was not authorized at the time of his separation. However, the award is retroactive, and should be added to his separation document. The DD Form 214 for the period ending 14 May 2005 shows a deployment to Cuba. The GWOTEM is authorized for Cuba. The Board agreed there is sufficient evidence to grant relief. 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 the Army records of the individual concerned be corrected by a. amending his DD Form 214 for the period ending 30 November 2003 by: (1) block 12f – showing the entry “00 06 00 (2) block 13 – add the Iraqi Campaign Medal with one bronze service star; and (3) block 17 – add the entry “Service in Kuwait/Iraq From 1 April 2003 to 31 July 2003” b. amending his DD Form 214 for the period ending 14 May 2005 by adding the Iraqi Campaign Medal with one bronze service star 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 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). a. Paragraph 2-4 (13) (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22. Each entry will be verified by the Soldier’s records. Do not use abbreviations. b. Paragraph 2-4 (18) REMARKS. Use this block for HQDA mandatory requirements when a separate block is not available, and as a continuation for entries in blocks 11, 13, and 14. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and military awards. Information on various civilian awards is found in AR 672-22. The goal of the total Army awards program is to foster mission accomplishment by recognizing excellence of both military and civilian members of the force and motivating them to high levels of performance and service. a. Paragraph 2-17 Iraq Campaign Medal was authorized by Public Law 108–234, 28 May 2004 and Executive Order 13363, 29 November 2004, as amended by Executive Order 13289, 12 March 2003. b. Individuals authorized the Iraq Campaign Medal must have served in direct support of Operation IRAQI FREEDOM (OIF). The area of eligibility encompasses all land area of the country of Iraq, and 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 to a future date to be determined by the Secretary of Defense or the cessation of OIF. c. Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons 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. Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. No service member will be entitled to both medals for the same act, achievement or period of service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170011893 3 1