IN THE CASE OF: BOARD DATE: 24 June 2021 DOCKET NUMBER: AR20210007292 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 April 2004 to show: * award of the Bronze Star Medal * his service in Iraq in support of Operation Iraqi Freedom (OIF) from 2003 to 2004 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * DD Form 214 for the period ending 21 June 2000 * DA Form 638 (Recommendation for Award), 25 January 2004 * Bronze Star Medal Certificate, 26 April 2004 * DD Form 214 for the period ending 17 April 2004 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 Board will not consider the portion of the applicant's request that relates to adding award of the Bronze Star Medal as this issue will be addressed through administrative correction. 3. The applicant was appointed as a Reserve commissioned officer as a first lieutenant in area of concentration 55A (Judge Advocate General Corps) on 21 May 1997. 4. U.S. Total Army Personnel Command Orders A-05-003483, 5 May 1997, ordered him to active duty for a period of 3 years effective 22 June 1997. 5. He was promoted to the rank/grade of captain/O-3 effective 1 January 1998. 6. He was honorably released from active duty on 21 June 2000 by reason of completion of required active service and transferred to a U.S. Army Reserve troop program unit. 7. He provided a DA Form 638, 25 January 2004, and Bronze Star Medal Certificate, 26 April 2004, showing he was awarded the Bronze Star Medal for meritorious service while a member of Task Force All American during OIF during the period 7 September 2003 to 1 April 2004 as promulgated by Headquarters, Task Force 82, Multi-National Division-West, Permanent Order 117-177. 8. Although not available in his military records, he provided the member copy 1 of his DD Form 214 covering the period 19 April 2003 through 17 April 2004. His DD Form 214 for this period shows he completed 11 months and 29 days of net active service. It further shows in: a. item 12f (Foreign Service), the entry "0000 06 01 [6 months and 1 day]"; b. item 13 (Decorations, Medals, Badges, Citation and Campaign Ribbons Awarded or Authorized), the absence of entries showing he was awarded or authorized the Bronze Star Medal, Iraq Campaign Medal, or Overseas Service Ribbon; and c. item 18 (Remarks), the entry "SM [Service Member] Served in Imminent Danger Pay Area in Kuwait/Iraq from 20030906 to 20040306 [6 September 2003 to 6 March 2004]" (6 months and 1 day). 9. U.S. Army Human Resources Command Orders D-03-606679, 15 March 2006 honorably discharged him from the U.S. Army Reserve effective 15 March 2006. BOARD DISCUSSION: 1. After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The Board carefully considered the applicants request, supporting documents, evidence in the records and regulatory guidance. The Board considered the applicant statement, his record of service and documents provided by the applicant. 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 the applicant’s foreign service is accurately captured on his DD Form 214. As a result, there is no basis for granting the applicant's request. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the corrections be completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XX XXX XX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the correction addressed in Administrative Note(s) below, the Board found the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. All units deployed to Iraq staged through Kuwait, the initial location recorded by the Defense Finance and Accounting Service as eligible for receipt of hostile fire pay/imminent danger pay and combat zone tax exclusion. 2. The applicant is authorized correction of his DD Form 214 for the period ending 17 April 2004 without Board action to show award of the Bronze Star Medal, Iraq Campaign Medal with one bronze service star, and Overseas Service Ribbon. ? REFERENCES: 1. Title 10, U.S. 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards), provides Army policy, criteria, and administrative instructions concerning individual military decorations service medals and ribbons, combat and special skill badges and tabs, unit decorations, and similar devices awarded in recognition of accomplishments. It provides that: a. The Iraq Campaign Medal is awarded to members who served in direct support of 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. Table B-1 shows campaign credit was awarded for the following campaign: Transition of Iraq from 2 May 2003 to 28 June 2004. b. The Overseas Service Ribbon is authorized to all members of the Active Army, Army National Guard, and U.S. Army Reserve in an active Reserve status for successful completion of overseas tours effective 1 August 1981. 3. Army Regulation 614-30 (Overseas Service), table 3-2, rule 2, provides that if a Soldier serves less than the normal prescribed overseas tour and curtailment is for the convenience of the Government and through no request from or fault of the Soldier, then credit the Soldier with a completed tour. Table 3-2, rule 8, provides that if a Soldier serves 9 months in a continuous temporary change of station or temporary duty status in areas where the unaccompanied tour length is up to 18 months, or in isolated areas where tour lengths have not been established, then the Soldier will be credited with completion of an overseas tour. Iraq is considered an isolated area where tour lengths have not been established by the Department of Defense. 4. Army Regulation 635-5 (Separation Documents), 15 September 2000, 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 preparation of the DD Form 214. 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. It is important that information entered on the form is complete and accurate. The specific instructions stated for: a. item 12f (Foreign Service), enter the total amount of foreign service completed during the period covered by the DD Form 214; and b. item 13, enter all awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22, verifying each entry by the Soldier's records. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210007292 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1