IN THE CASE OF: BOARD DATE: 22 July 2022 DOCKET NUMBER: AR20220003527 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq from 14 April to 6 September 2003, and award of the: * Iraq Campaign Medal (ICM) * Global War on Terrorism Expeditionary Medal (GWOTEM) * Overseas Service Ribbon (OSR) * Southwest Asia Service Medal (SWASM) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 FACTS: 1. The applicant did not file within the three-year period 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 enlisted in the Regular Army on 2 September 1999. On 20 December 2003, he was honorably released from active duty upon the completion of his required active service. The DD Form 214 he was issued shows he served in Southwest Asia from 14 April to 6 September 2003, and lists the following awards: * Army Commendation Medal (2nd Award) * Army Achievement Medal * National Defense Service Medal * Army Service Ribbon 3. The applicant provides Permanent Order Number 236-09 dated 24 August 2003, which awarded him the Army Commendation Medal (2nd Award) for his service in Iraq in support of Operation Iraqi Freedom. 4. During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account. This review shows he received hostile fire pay/imminent danger pay for service in Kuwait. At the time, he would have been processed into the theater of operations through Kuwait, which is likely why DFAS records show he served in that country. 5. During the processing of this case, a member of the ABCMR staff contacted the applicant. The applicant stated he had no preference between award of the ICM or GWOTEM. 6. Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for block 18 (Remarks) for an active duty Soldier deployed with their unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)." BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Regulatory guidance shows the applicant was not in SWA during the period authorized the SWASM, and that he did not serve long enough in theater to receive the OSR. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to depict the military service of the applicant more accurately. 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: 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): Make the following administrative corrections to the applicant's DD Form 214 for the period ending on 20 December 2003 without action by the Board: a. add the Global War on Terrorism Service Medal and the ICM with 2 bronze service stars to block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized). b. delete the entry, "SERVICE IN SOUTHWEST ASIA 20030414-20030906" from block 18; and c. add the entry "SERVICE IN KUWAIT/IRAQ 20030414-20030906" to block 18. 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5, then in effect, establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for block 18 for an active duty Soldier deployed with their unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)." 3. Army Regulation 600-8-22 (Military Awards) states: a. The ICM is awarded to members who have 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 ICM 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 are the Liberation of Iraq (19 March 2003 - 1 May 2003) and the Transition of Iraq (2 May 2003 - 28 June 2004). b. Service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service. No service member will be entitled to both medals for the same act, achievement, or period of service. c. The OSR, established by the SECARMY on 10 April 1981, is awarded to Soldiers of the U.S. Army for successful completion of overseas tours. Effective 1 August 1981, all Soldiers of the Regular Army, Army National Guard, and U.S. Army Reserve in an active Reserve status are eligible for this award. Soldiers must be credited with a successful completion of an overseas tour in accordance with AR 614–30 (Overseas Service). d. The SWASM is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995. e. The GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM. All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM. 4. Army Regulation 614-30 provides that Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty. However, the proponent of this regulation has previously provided guidance to the U.S. Army Human Resources Command stating that Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour. 5. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS//