IN THE CASE OF: BOARD DATE: 1 March 2022 DOCKET NUMBER: AR20210013590 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 March 2010 to show two deployments to Iraq and award of the Army Achievement Medal and additional campaign stars with his award of the Iraq Campaign Medal. 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) * Narrative, 27 April 2021 * Photographs * Notecards 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 Record (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: a. His DD Form 214 states he completed a deployment to Kuwait when he was in Baghdad, Iraq. He also deployed to Kirkuk, Iraq. b. His DD Form 214 is missing his Army Achievement Medal. c. He is probably authorized additional campaign stars with his Iraq Campaign Medal since his DD Form 214 is missing a whole deployment. d. He has photographs that show he was awarded the Army Achievement Medal and court documents containing statements from Soldiers he served with that show they served together in Iraq. e. He served as a gunner in a gun truck platoon while deployed, instead of as a water treatment specialist. f. He is incarcerated and does not have easy access to his records. 3. Enlisted Record Brief, 5 January 2010 shows in: * Section I (Assignment Information – Overseas/Deployment Combat Duty – no entries and Primary Military Occupational Specialty – 92W (Water Treatment Specialist) * Section VIII (Awards and Decorations) – Army Commendation Medal and Iraq Campaign Medal with one campaign star * Section IX (Assignment Information) – Company A, 15th Forward Support Battalion, in duty military occupational specialty 92W from 13 March 2008 until his release from active duty 4. On 17 March 2010, he was honorably released from active duty. He completed 4 years, 2 months, and 19 days of net active service during this period. His DD Form 214 shows in: * item 11 (Primary Specialty) – 92W1O Water Treatment Specialist – 3 years and 5 months * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Iraq Campaign Medal with three campaign stars * Army Commendation Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * item 18 (Remarks), in part – * Served in a Designated Imminent Danger Pay Area * Service in Kuwait from 31 July 2006 through 30 June 2007 * Service in Iraq from 3 January 2009 through 3 February 2010 5. He provided photographs of a military display showing his military photograph, the 1st Cavalry Division Blackjack playing card, and an Army Achievement Medal. 6. His service records are void of temporary change of station orders for deployment. Likewise, his service records are void of orders awarding him the Army Achievement Medal. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was not warranted. The applicant’s contentions, his military records, and regulatory guidance were carefully considered. Board members noted the applicant provides photographs of a military display showing his military photograph, the 1st Cavalry Division Blackjack playing card, and an AAM. However, his service records are void of temporary change of station orders for deployment and orders awarding him the Army Achievement Medal. Should the applicant have documentary evidence (orders for the AAM) and/or other evidence placing him in Iraq a second time, he may reapply to this Board for reconsideration BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X: X: X: DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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. 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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Iraq Campaign Medal is awarded to members of the Armed Forces of the United States who served in direct support of Operation Iraqi Freedom from 19 March 2003 through 31 December 2011. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days. The area of eligibility encompasses all land area of the country of Iraq, and the contiguous water area out to 12 nautical miles, and all airspaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. One bronze service star is authorized with the Iraq Campaign Medal for participation in each credited campaign. Approved campaigns include: * 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 3. Army Regulation 635-5 (Separation Documents), effective 30 September 2000, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. a. The specific instructions for item 13 stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier’s records. Do not use abbreviations. b. The specific instructions for item 18 stated to use this block for Headquarters, Department of the Army, mandatory requirements when a separate block is not available, and as a continuation for entries in items 11, 13, and 14 (Military Education). For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter: "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD).'' //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210013590 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1