IN THE CASE OF: BOARD DATE: 18 May 2021 DOCKET NUMBER: AR20210007336 APPLICANT REQUESTS: * foreign service credit for his deployment to Iraq * in effect, addition of the Meritorious Service Medal (MSM) 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) * DA Form 2-1 (Personnel Qualification Record) * DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report) * Orders 210-0208 dated 29 July 2003 * MSM Certificate * DD Form 214 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 his service combat in Operation Iraqi Freedom from 14 February 2003 to 21 May 2003 has not been entered onto his DD Form 214 and he has been unable to receive benefits for his period of combat service. He served with A Company, 1-227 Aviation Battalion, Fort Hood, TX and worked along with the 11th Aviation Regiment from Germany when they attacked the Iraqi Republican Guard. Additionally, he did not receive orders for his MSM and therefore, has been unable to obtain recognition for the award given after retirement. He would like recognition of his MSM and for the record to reflect his two tours of combat, not just one. 3. The applicant provides the above referenced documents, all part of his service record. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 13 August 1981. b. His DA Form 2-1 shows the following foreign-service: * Germany from 15 June 1983 to 24 August 1984, 18 January 1986 to 15 January 1989, and 18 January 1992 to 3 February 1995 * Saudi Arabia from 29 August 1990 to 27 March 1991 * Korea from 19 September 2001 to 23 August 2002 c. He received a DA Form 2166-8 for the period of September 2002 to August 2003. Part III (Duty Description), Block d. (Areas of Special Emphasis) listed National Training Center (NTC), Operation Enduring Freedom, and Operation Iraqi Freedom. Part IV (Values/NCO Responsibilities) included the following: * Competence (b.) – enabled company to maintain above 90% operational readiness rate on aircraft, 5% above DA standard during Operation Iraqi Freedom * Leadership (d.) – led platoon on a 500km convoy, the longest in 1CD history, during Operation Iraqi Freedom without accident or incident * Responsibility & Accountability (f.) – oversaw numerous convoys during the NTC Rotation 03-03 and Operation Iraqi Freedom without accident or incident d. Orders 210-0208, dated 29 July 2003, released the applicant from active duty with an effective date of 31 January 2004. e. The MSM was awarded to the applicant, Permanent Order 287-7, dated 14 October 2003 (referenced on the certificate), for exceptionally meritorious service in positions of increasing responsibility, culminating as a platoon sergeant from 31 October 1993 to 30 October 2003. f. He was honorably retired from active duty on 31 January 2004. His DD Form 214 shows he completed 22 years, 5 months, and 18 days of active service. Block 18 (Remarks) recognized his service in Southwest Asia from 29 August 1990 to 27 March 1991, but did not list his service in Iraq. It also shows he was awarded or authorized: * Air Medal * Army Commendation Medal (6th Award) * Army Achievement Medal (7th Award) * Army Good Conduct Medal (7th Award) * National Defense Service Medal (2nd Award) * Southwest Asia Service Medal with 3 Bronze Service Stars * Noncommissioned Officer Professional Development Ribbon with Numeral 3 * Army Service Ribbon * Overseas Service Ribbon (4th Award) * Kuwait Liberation Medal – Kuwait * Kuwait Liberation Medal – Saudi Arabia * Expert Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge with Hand Grenade * Army Aviation Badge * Master Aircraft Crewman Badge * Driver and Mechanic Badge with Driver-W Bar 5. A review of the applicant’s record confirms he is eligible for an award that is not recorded on his DD Form 214. The MSM will be added to his DD Form 214 as an administrative correction and will not be considered by the Board. The Board will consider foreign service credit. 6. On 11 May 2021, a member of the Defense Finance Accounting Services staff provided email verification to confirm the applicant’s deployment to Kuwait from 1 February 2003 to 31 May 2003. 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. a. Item 12f (Foreign Service) will show the total amount of foreign service performed during the period covered by block 12c (Net Active Service This Period). b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) list awards and decorations for all periods of service in the priority sequence; each entry will be verified by the Soldier’s records. b. Item 18 (Remarks), for Soldiers who deployed with his or her unit during their continuous period of active service, enter a statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, and evidence in the record. After reviewing the application and all supporting documents, the Board found that relief was warranted. Based on the documentation available for review, the Board found sufficient documentation that the applicant had an additional period of foreign service not already reflected on his DD214 2. Prior to closing the case, the Board did note the analyst of record administrative note below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing him a DD Form 214 for the period ending 31 January 2004 showing in block 18: SERVICE IN KUWAIT 20030201-20030531 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): A review of the applicant’s records shows he is authorized an additional award not annotated on his DD Form 214. As a result, amend his DD Form 214, ending on 31 January 2004, to show award of the Meritorious Service Medal. 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 635-5 (Separation Documents) 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. a. Item 12f (Foreign Service) will show the total amount of foreign service performed during the period covered by block 12c (Net Active Service This Period). b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) list awards and decorations for all periods of service in the priority sequence; each entry will be verified by the Soldier’s records. b. Item 18 (Remarks), for Soldiers who deployed with his or her unit during their continuous period of active service, enter a statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210007336 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1