IN THE CASE OF: BOARD DATE: 19 October 2023 DOCKET NUMBER: AR20230002295 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Iraq from 10 April 2003 to 26 April 2004 (a period of 1 year and 17 days). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 4980-14, Army Commendation Medal (ARCOM) Certificate, Permanent Order Number 047-223 * Orders 029-012, Headquarters, 4th Infantry Division (Mechanized), 29 January 2003 * 3 pages of his DD Form 2796 (Post-Deployment Health Assessment) * Standard Form (SF) 600 (Chronological Record of Medical Care), 20 July 2006 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 applicant enlisted in the Regular Army (RA) on 28 March 2001. He served in military occupational specialty 19D (Cavalry Scout). On 29 July 2003, he reenlisted in the RA at Camp Urdairi, Kuwait. 3. The applicant provides: a. Orders 029-012, Headquarters, 4th Infantry Division (Mechanized), Fort Hood, TX, 29 January 2003, which lists the applicant as part of a Group Order directing him to proceed on a temporary change of station to the U.S. Central Command Area of Responsibility in support of Operation Enduring Freedom. b. Copy of his ARCOM certificate, Permanent Order Number 047-223, which was awarded to him for exceptionally meritorious service as a tank crewman with Company A, 1st Battalion, 67th Army Regiment, in support of Operation Iraqi Freedom. His dedication and selfless service to help liberate the Iraqi people are within the highest traditions of military service from 5 April 2003 to 5 April 2004. c. 3 pages of his DD Form 2796 dated 1 April 2004. The document shows he arrived in theater on 5 April 2003 and departed theater on 1 April 2004. He indicated that Iraq was the area that he was mainly deployed during Jalula Cobra Thunder 21 May 2003. d. SF 600 dated 20 July 2006, whereon it is noted the applicant was previously deployed to Iraq. 4. The applicant was discharged on 8 November 2006. The DD Form 214 he was issued contains the following information/entries: a. Block 13, (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon. b. Block 14, (Military Education) contains the entry, "Primary Leadership Development Course, 2 Weeks, 2004." c. Block 12f (Foreign Service) contains the entry, "0000 00 00." d. Block 18 (Remarks) does not include remarks regarding foreign/deployed service. 5. During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account. DFAS verified his deployed service in Kuwait from 6 April 2003 to 24 March 2004 (a period of 11 months and 19 days). Note: DFAS only verifies receipt of hostile fire/imminent danger pay. DFAS does not verify inclusive dates of deployed service or deployment locations beyond the first qualifying country (e.g., Kuwait versus Iraq). DFAS pay records are not considered "source documents," but may be considered as supporting documents leading to a preponderance of the evidence. A second source document is required. 6. Army Regulation 635-8 (Separation and Processing and Documents), establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 5 contains guidance on the preparation of the DD Form 214, to include entering awards, foreign service and remarks pertaining to deployment locations and through dates. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, a majority of the Board found partial relief is warranted. 2. A majority of the Board found the evidence confirms the applicant entered the theater of operations in Kuwait and then served in Iraq. A majority of Board further found the evidence does not support the period the applicant claims and determined the period documented in his pay records is the more accurate account of his deployed service. A majority of the Board determined the applicant’s DD Form 214 should be corrected to reflect this period of deployed service. 3. The member in the minority found the evidence insufficient as a basis for the requested correction as it does not clearly define his period of service in Iraq. 4. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows: * Replace the entry in item 12f with “0000 11 19” * Add to item 18 – “Service in Kuwait/Iraq from 6 April 2003 to 24 March 2004” * Make the corrections described in Administrative Note(s) below 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. 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 correction to the applicant's DD Form 214 for the period ending on 8 November 2006 without action by the Board; add the – * Army Commendation Medal * Global War on Terrorism Expeditionary Medal * Overseas Service Ribbon * Noncommissioned Officer Professional Development 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 635-8, establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 5 contains guidance on the preparation of the DD Form 214, to include entering foreign service and remarks pertaining to deployment locations and through dates. This regulation requires the following entries: a. In block 12f enter the total amount of service performed outside the Continental United States (OCONUS) during the period covered by the DD Form 214, to include deployments. List periods of deployed service in block 18. b. In block 18, for an active duty Soldier, list any/all OCONUS deployments completed during the period of the DD Form 214 being created, the statement "Service in (Name of Country Deployed) From (inclusive dates)." 3. 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 - a. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981 and awarded to Servicemembers of the U.S. Army for successful completion of overseas tours. Effective 1 August 1981, all Servicemembers of the Active Army, Army National Guard, and U.S. Army Reserve (USAR) in an active Reserve status are eligible for this award. The ribbon may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981, provided they had an Active Army status as defined above on or after 1 August 1981. Numerals will be used to denote second and subsequent awards of the Oversea Service Ribbon. (1) Soldiers must be credited with a normal overseas tour completion in accordance with Army Regulation 614–30 (Overseas Service). Servicemembers who have overseas service with another branch of the U.S. Armed Forces must be credited with a normal overseas tour completion by that Service to qualify for award of the Army Oversea Service Ribbon. (2) According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense. Soldiers who served 11 cumulative months in a 24-month period, or nine months continuous in Iraq or Afghanistan, receive credit for a completed short tour. Rules 6 and 8 of Table 3-2 Army Regulation 614-30 apply. b. The Noncommissioned Officer Professional Development Ribbon is awarded to RA, Army National Guard, and USAR Soldiers for successful completion of designated Noncommissioned Officer professional development courses. 4. The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general Area of Eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense. Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the Global War on Terrorism Expeditionary Medal. Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria. Initial award of the Global War on Terrorism Expeditionary Medal was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in a designated specific geographic AOE, including Kuwait. 5. Army Regulation 15-185 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// ABCMR Record of Proceedings (cont) AR20230002295 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1