IN THE CASE OF: BOARD DATE: 23 April 2020 DOCKET NUMBER: AR20190006497 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq from 13 April 2003 to 17 April 2004. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Statement of Support * DD Form 214 * Permanent Orders Number 036-04, dated 5 February 2003 * Memorandum, Valorous Unit Award FACTS: 1. The applicant did not file within the three-year period provided in Title 10, United States Code, section 1552(b); however, the 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 enlisted in the Regular Army on 5 November 2001. 3. The applicant was honorably released from active duty on 4 November 2004. Item 12f (Foreign Service) of his DD Form 214 contains the entry "0000 00 00." Item 18 (Remarks) does not indicate that he deployed overseas. The form further contains the following information: * his last duty station is listed as Headquarters and Headquarters Troop, 2nd Squadron, 3rd Armored Cavalry Regiment * he was awarded the National Defense Service Medal, Global War on Terrorism Service Medal, Army Lapel Button and Army Service Ribbon 4. During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account, which shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 1 April 2003 to 31 March 2004 (a period of 1 year). 5. The applicant provides: a. Permanent Orders 036-04, issued by Headquarters, 7th Infantry Division (L) and Fort Carson, Fort Carson, CO, dated 5 February 2003, which directed members of 2nd Squadron, 3rd Armored Cavalry Regiment to proceed on a Temporary Change of Station to Kuwait, under the command of the United States Central Command in support of Operation Enduring Freedom. b. An approval memorandum from the U.S. Army Human Resources Command for award of the Valorous Unit Award to 3rd Armored Cavalry Regiment for the period 25 April 2003 to 18 September 2003. c. A statement of support dated 10 September 2019, from an active duty noncommissioned officer who states the applicant served with him on a combat tour in Iraq while assigned to the 3rd Armored Cavalry Regiment. 6. DFAS records indicate the applicant was deployed to Kuwait. At the time, he would likely have been processed into the theater of operations through Kuwait, which is likely why DFAS records show he served in that country. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear- cut record of active Army service at the time of release from active duty, retirement, or discharge. BOARD DISCUSSION: 1. After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions, his military record, and regulatory guidance were carefully considered. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214. The Board agreed that DFAS provided sufficient documentation to show he served in Kuwait/Iraq from 13 April 2003 to 17 April 2004 (1 year); thereby warranting correction in this case. 2. The Board further determined that the evidence presented is sufficient for award of the Iraq Campaign Medal. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XX 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 amending the DD Form 214 for the period ending 4 November 2004 showing in: * Block 12f (Foreign Service) – add 1 year * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – add Iraq Campaign Medal * Block 18 (Remarks) – service in Kuwait/Iraq from 13 April 2003 to 17 April 2004 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, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom. The area of eligibility 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 to 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns include the Liberation of Iraq for the period 19 March to 1 May 2003 and the Transition of Iraq for the period 2 May 2003 to 28 June 2004. b. The Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict. The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual. 3. Army Regulation 635-5 (Separation Documents), then in effect, establishes 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 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)" //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190006497 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1