ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 October 2019 DOCKET NUMBER: AR20170015376 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect: * Foreign Service Credit – Kuwait * Award of the Army Commendation Medal (ARCOM) * Award of the Armed Forces Expeditionary Medal (AFEM) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * VA Form 21-4138 (Statement in Support of Claim) * Witness Statement dated 11 July 2017 * Photos of Applicant in Kuwait * Certificate of Completion – PAC-3 LS Missile Integration Training * Letter from Command to Father of Applicant dated 21 November 2002 * Memorial Program for Private (PVT) RD * Certificate of Achievement – Operation Iraqi Freedom * Defense Finance & Accounting Services (DFAS) Leave and Earnings Statement * DD Form 214 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 (ABCMR) 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 was deployed to a foreign region, Kuwait, and went to war. He received an ARCOM and AFEM which are missing. His deployment time was excluded from his service record for his time in Kuwait from September 2002 to May 2003. 3. The applicant provides: a. A witness statement from X__, dated 11 July 2017, which states he was in Kuwait at the same time as the applicant. He can attest to the stress of deployment as their lives were threatened on more than one occasion. The witness has been diagnosed with several illnesses as a result of the deployment and is available for questions. b. Two photos of applicant with written notes that state the location was at Kuwait on the Delta Battery 2-1 Patriot site. c. A certificate of completion for the PAC-3 LS Missile Integration Training course for the period of 19 – 23 October 2002. d. A letter from the command team to the applicant’s father, dated 21 November 2002, which noted the applicant was doing a wonderful job and he should be proud of his son’s superb performance. They would do everything to ensure his son returned safely and outlined processes in place to keep Soldiers safe. e. A partial memorial program for Private (PVT) X__. The program outlines details of his service and includes awards he received. The applicant includes handwritten notes on the program that states he was missing awards, as noted on the memorial program for the deceased Soldier. f. A Certificate of Achievement was presented to the applicant for outstanding performance during combat operations in support of Operation Iraqi Freedom (OIF). The certificate is not dated, but does include signatures from the command team. g. A DFAS Leave and Earnings Statement in which the applicant highlights the remarks. The remarks noted deployed personnel were able to obtain a line of credit that would not have to be paid back for the duration of the deployment. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 13 February 2002. b. The record is void of documentation showing the applicant was deployed to Kuwait and no record of him receiving an ARCOM or the AFEM. c. He was discharged from active duty on 3 March 2004 with a general, under honorable conditions characterization of service under the provisions of Chapter 14, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12c for commission of a serious offense. His DD Form 214 shows he completed 1 year, 10 months, and 16 days of active service. It also shows he was awarded or authorized: * National Defense Service Medal * Army Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar d. Block 12f (Foreign Service) of his DD Form 214 shows no time completed. 5. On 15 November 2018, a member of the DFAS office provided email verification for foreign service and confirmed that the applicant was in the combat zone, Kuwait, from 1 September 2002 to 31 May 2003. 6. By regulation (AR 600-8-22): a. 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. b. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. 7. By regulation (AR 635-5), 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 all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. DFAS confirmed he served in Kuwait/Iraq; however, his DD Form 214 does not reflect his deployment there. The Board noted he should receive the Global War on Terrorism Expeditionary Medal for his service there, and the Global War on Terrorism Service Medal for serving in the Army after 11 September 2001. However, based upon the documentary evidence provided by the applicant and found within his military service record, the Board concluded that the applicant’s record is absent evidence showing he was awarded the ARCOM nor authorized the AFEM. 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 3 March 2004 by: a. block 12f – adding the entry “00 07 00” b. block 13 – adding the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal; and c. block 18 – adding the entry “Service in Kuwait/Iraq from 1 September 2003 to 31 May 2003” 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 adding the ARCOM and the AFEM to his separation document. 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 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) 600-8-22 (Military Awards) states: a. 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. b. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. 3. AR 635-5 (Separation Documents – Personnel Separations) states 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170015376 4 1