ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  22 August 2019

	DOCKET NUMBER:  AR20190009067


APPLICANT REQUESTS: correction to his DD form 214 (Certificate of Release or 
Discharge from Active Duty) to show his foreign service in support of Operation Iraqi 
Freedom.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Orders 087-20, dated 27 March 2003
*	DD Form 689 (Individual Sick Slip), dated 1 May 2003
*	DA Form 31 (Request and Authority for Leave), dated 12 May 2003
*	Operation Iraqi Freedom, Certificate of Participation (poor copy quality)
*	DA Form 638 (Recommendation for Award) page 1 (poor copy quality)

FACTS:

1.  The applicant did not file within the 3 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, in effect, his record (DD Form 214) should be updated to show 
his combat service in Iraq.

3.  With prior service in the Army National Guard and the United States Army Reserve 
(USAR), the applicant enlisted in the Regular Army on 23 January 2003.  During his 
period of service with the USAR he was awarded the Army Achievement Medal by 
Permanent Orders 02-180-1-8, dated 29 June 2002, issued by Headquarters (HQ), 
1205th Transportation (Rail Operations) Battalion.  (This order is filed in his official 
military personnel file.)

4.  A representative of the Defense Finance and Accounting Service (DFAS) reviewed 
his Master Military Pay Account and verified he received hostile fire pay/imminent 
danger pay and combat zone tax exclusion for foreign service for Kuwait during the 
periods from 1 April 2003 to 31 May 2003 and from 1 December 2003 to April 2004.  
(This pay is paid in increment of 30 days regardless of the date of the month of arrival or 
departure from the hazardous duty area.) 

5.  His electronic Enlisted Record Brief, dated 7 January 2007, shows no foreign service 
in Section I (Overseas Service/Deployment Combat Duty).  Section VIII (Awards and 
Decorations) shows he was authorized the Global War on Terrorism Service Medal.  
This form also shows he was assigned to the 204th Combat Support Battalion (formerly 
a forward support battalion) from 26 January 2003 through his release date from active 
duty in 2007. 

6.  On 16 February 2007, the applicant was honorably discharged from active duty.  He 
was issued a DD Form 214 containing the following information: 

*	Item 12c (Net Active Service this Period) – 4 years and 24 days
*	item 12f (Foreign Service) – "01 [years] 00 [months] 00 [days]" 
*	item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons 
Awarded or Authorized) 
*	National Defense Service Medal
*	Global War on Terrorism Service Medal
*	Army Service Ribbon

*	item 18 (Remarks) – no foreign service location or dates of foreign service 

7.  The applicant provided the following evidence in support of his application. 

     a.  Orders 087-20, dated 27 March 2003, issued by HQ, 4th Infantry Division 
(Mechanized) amending Orders 029-17 issued by HQ, 4th Infantry Division 
(Mechanized) showing on or about 5 April 2003 the applicant’s unit was to conduct a 
temporary change of station (204th Forward Support Battalion).

     b.  On 1 May 2003, a DD Form 689 documents the fact he was injured as a member 
of Company D, 204th Forward Support Battalion.  He had broken the talus in his foot 
and it was recommended by medical personnel that he return to a rear area medical 
facility for definitive orthopedic intervention (surgery) for nonunion of a left talus fracture.  

     c.  A DA Form 31 showing he would return to Fort Hood, Texas on or about 13 May 
2003 for medical convalescent leave.  His duty station was identified as Army Post 
Office, Army Europe 09323.  There is an accounting classification code cited on this 
form for his travel back to Fort Hood, Texas.

     d.  An Operation Iraqi Freedom, Task Force Ironhorse, Certificate of Participation 
was presented to the applicant for his dedicated and selfless service in support of 
Operation Iraqi Freedom.  There are no dates identified on the participation certificate.  
However, a command sergeant major and a major general signed the certificate. 
     e.  A DA Form 638, of very poor quality that was enlarged, showing he was 
recommended for award of the Army Commendation Medal for the period from 7 April 
2003 to 14 April 2004 for his outstanding maintenance of military vehicle while assigned 
to the 204th Forward Support Battalion during Operation Iraqi Freedom.  The applicant 
only provided page 1 of this DA Form 638.  (A review of his electronic military record 
does not show his unit filed a complete copy in his record or that he was awarded the 
medal by permanent orders.) 

8.  In summary, the applicant’s evidence and data from DFAS shows he deployed to 
Kuwait/Iraq in support of Operation Iraqi Freedom from on or about 7 April to on or 
about 12 May 2003 when he redeployed to Fort Hood due to an injury to his left foot.  
Based on DFAS data he returned to his unit in Kuwait/Iraq on or around 1 December 
2003 and remained there until on or about 30 April 2004.  The DA Form 638 he 
provides shows on or about 14 April 2004 he and his unit returned from their overseas 
deployment to Fort Hood, Texas. 

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, orders and DFAS documents available to the Board, his award certificate and 
the foreign service recorded on his DD Form 214.  Based on a preponderance of 
evidence, the Board determined a correction to the applicant’s record was appropriate.  
The Board concurs with the correction stated in the Administrative Note(s) below.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.



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, in addition to the correction stated in the 
Administrative Note(s) that follow, 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 of service ending 16 February 2007 to show in item 18 (Remarks) – 
“Service in Kuwait/Iraq – 7 April to 12 May 2003 and 1 December 2003 to 14 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.


ADMINISTRATIVE NOTE(S):

1.  Permanent orders awarded the applicant the Army Achievement Medal, thus by 
regulation his 2007 DD Form 214 should be updated to reflect this federally recognized 
award. 

2.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service 
Medal is awarded for honorable active service for any period between 27 July 1950 
through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 
30 November 1995, and 11 September 2001 to a date to be determined. 



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.  Department of Defense (DOD) Number 7000.14-R (Financial Management 
Regulation) Volume 7a, Chapter 10 states hostile fire pay and imminent danger pay are 
authorized entitlements.  A member may be paid special duty pay for duty subject to 
hostile fire or imminent danger for any month a member, while entitled to basic pay for 
active duty, meets the qualifying criteria.  Members will receive the maximum monthly 
rate of special pay for the month in which the event occurred or deployed to a 
designated geographical area.  Payment will be made for the full month.  The 
appropriate command will certify that the member has met the requirements for 
entitlement to special pay for a given month.

3.  Army Regulation 635-8 (Separation Processing and Documents) prescribes policy 
and procedural guidance relating to transition management including the preparation of 
separation documents.  The DD Form 214 is a summary of a Soldier's most recent 
period of continuous active duty.  The source documents used in the preparation of the 
DD Form 214 include the Soldier's computer generated record brief, separation 
approval documents, and any other document authorized for filing in their official military 
personnel record.  For item 12f, enter the total amount of service performed outside the 
continental United States during the period covered by item 12c.  In addition, list 
period(s) of deployed service and location in item 18.  List all federally recognized 
awards in the appropriate block for all periods of service. 

4.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is 
awarded to members who have served in direct support of Operation Iraqi Freedom 
(OIF).  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 through 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 (19 March 2003-1 May 2003)
*	Transition of Iraq (2 May 2003-28 June 2004)
*	Iraqi Governance (29 June 2004-15 December 2005)
*	National Resolution (16 December 2005-9 January 2007)
*	Iraqi Surge (10 January 2007-31 December 2008)
*	Iraqi Sovereignty (1 January 2009-31 August 2010)
*	New Dawn (1 September 2010-31 December 2011)


ABCMR Record of Proceedings (cont)	 AR20190009067

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