IN THE CASE OF: BOARD DATE: 28 July 2021 DOCKET NUMBER: AR20210006703 APPLICANT REQUESTS: award of the Iraq Campaign Medal (ICM) and its addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Company Stats email correspondence * Operation Rebel Storm memorandum * Authorization to Wear Former Wartime (FWT) Shoulder Sleeve Insignia (SSI) memorandum * Authorized Wear of the 41st Field Artillery Brigade SSI-FWTS memorandum * Combat Duty Witness Statement FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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 retired on 31 December 2004. The ICM was awarded to all veterans in 2005. In 2004, he was already out of the service with his DD Form 214 in hand; therefore, this award was not reflected on his DD Form 214. The Department of Veterans Affairs reviewed his records and noticed this award was missing from his DD Form 214 and therefore the VA will not recognize him being deployed to Iraq. He provided the VA with a copy of his orders that was uploaded into their system on 25 January 2011. He also has a letter dated 12 August 2010, wherein his unit’s sergeant major (SGM) confirmed his deployment to Iraq. 3. The applicant provides his: * Company Stats email correspondence, dated 7 July 2003, pertaining to his unit working in Baghdad * Operation Rebel Storm memorandum, dated 19 August 2003, pertaining to the 608th Ordnance Company’s operations in Baghdad * Authorization to Wear Former Wartime (FWT) Shoulder Sleeve Insignia (SSI) memorandum, dated 12 January 2004, listing his name * Authorized Wear of the 41st Field Artillery Brigade SSI-FWTS memorandum, dated 16 February 2004, authorizing his unit wear of this medal * Combat Duty Witness Statement, dated 20 July 2010, wherein the applicant’s unit SGM attested the applicant was assigned to the 608th Ordnance Company during the unit's deployment to Iraq beginning on 21 April 2003 until 21 April 2004 4. Review of the applicant’s service records show: a. He enlisted in the Regular Army (RA) on 11 April 1984. He held military occupational specialty 63B (Light Wheeled Vehicle Mechanic). b. He served in Germany from 1 November 1984 to 26 November 1986. He reenlisted in the RA on 22 January 1988, 20 December 1989, and 26 September 1991. He served in Hawaii from 29 December 1991 to 14 December 1996. He reenlisted in the RA on 3 May 1996 and 5 November 1998. He served in Korea from 18 May 1999 to 17 May 2000. c. He was honorably retired, in pay grade E-7, on 31 December 2004. His DD Form 214 shows he completed 20 years, 8 months, and 20 days of net active service, including 6 years and 2 days of foreign service. This form also shows in: * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – the: * Global War on Terrorism Service Medal * Korean Defense Service Medal * Meritorious Service Medal * Army Commendation Medal (6th Award) * Army Achievement Medal (3rd Award) * Army Good Conduct Medal (6th Award) * National Defense Service Medal (2nd Award) * Noncommissioned Officer’s Professional Development Ribbon with Numeral 3 * Army Service Ribbon * Overseas Service Ribbon (3rd Award) * Parachutist Badge * Air Assault Badge * Driver and Mechanic Badge with Driver-M Bar * Item 18 (Remarks) – no deployment 5. On 24 May 2011, the Army Review Boards Agency advised him that his records had been corrected in accordance with the findings of the ABCMR. 6. On 25 May 2011, he was issued a DD Form 215 (Correction to DD Form 214) adding to the following to items on his DD Form 214: * Item 13 – Global War on Terrorism Expeditionary Medal * Item 18 – Service in Kuwait from 20 April 2003 to 20 April 2004 7. By regulations: a. Army Regulation (AR) 600-8-22 (Military Awards), the ICM is awarded to members who served in direct support of Operation Iraqi Freedom 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 during the applicant’s period of service were: * Liberation of Iraq (19 March 2003 to 1 May 2003) * Transition of Iraq (2 May 2003 to 28 June 2004) b. AR 614-30 (Overseas Service), the Overseas Service Ribbon may be awarded if a Soldier serves 9 months in a continuous Temporary Change of Station/Temporary Duty status in areas where the unaccompanied tour length is up to 18 months, or in isolated areas, such as Iraq, where tour lengths have not been established by the Department of Defense. c. AR 635-5 (Separation Documents), instructions for completing the DD Form 214 states item 13 will list all awards and decorations awarded. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was warranted. Based upon the available documentation and the statement from CSM(R) West, the Board concluded there was sufficient evidence to show that the applicant served in Iraq during a qualifying period of service to award the Iraq Campaign Medal with two bronze service stars. Therefore, the Board recommended adding this to the applicant’s DD Form 214. 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by awarding and adding the Iraq Campaign Medal with two bronze service stars. 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 Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3 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) provides Department of the Army policy, criteria, and administrative instructions concerning individual military awards. The regulation states: 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 during the applicant’s period of service were: * Liberation of Iraq (19 March 2003 to 1 May 2003) * Transition of Iraq (2 May 2003 to 28 June 2004) 3. AR 614-30 (Overseas Service), paragraph 3-3 states the prescribed outside the continental United States tour lengths for long and short tour areas are listed in the Joint Federal Travel Regulation, Appendix Q, Table 1. Table 3-2 of the regulation states the Overseas Service Ribbon may be awarded if a Soldier serves 9 months in a continuous Temporary Change of Station/Temporary Duty status in areas where the unaccompanied tour length is up to 18 months, or in isolated areas, such as Iraq, where tour lengths have not been established by the Department of Defense. 4. AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbon Awarded or Authorized) would list all awarded and decorations for all periods of service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210006703 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1