IN THE CASE OF:  
 
  BOARD DATE: 5 September 2023 
 
  DOCKET NUMBER: AR20230006169 
 
 
APPLICANT REQUESTS: 
 
• correction to DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect foreign service in Iraq from December 2003 to July 2004  

• award of the Iraq Campaign Medal 

• a personal appearance before the Board 


 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
• DD Form 149 (Application for Correction of Military Record) 

• Operational Order (OPORD) 050240Z, December 2003 

• III Corps G4 OIF-2 Deployment Roster, 22 December 2003  

• Leave and Earnings Statement, July 2004 

• DD Form 214 (Certificate of Release or Discharge from Active Duty) 


 
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 states he was deployed to the CENTCOM AOR in Iraq from December 2003 to July 2004 and it is not shown on his DD Form 214 effective 2 August 2004. He would like his DD Form 214 updated to reflect this deployment and to show the Iraq Campaign Medal. The updated deployment information would assist him in obtaining benefits from the Department of Veterans Affairs. 
 
3.  The applicant provides: 
 
 a.  An OPORD 050240Z, dated December 2003 that shows directions for the III Corps commander to deploy several units to destinations in the CENTCOM AOR, including the Headquarters & Headquarters Company, III Corps. 
 
 b.  III Corps G4 OIF-2 Deployment Roster, dated 22 December 2003, that includes the applicant’s name, rank, and type of security clearance. 
 
 c.  A Leave and Earnings Statement that shows hazardous fire pay/imminent danger pay (HDP/IDP) and family separation allowance (FSH) for the month of July 2004. 
 
4.  A review of the applicant’s service record shows: 
 
a. He enlisted in the Regular Army on 27 September 1988 for a period of 4 years. 
 
b.  His ERB (Enlisted Record Brief) dated 6 May 2004 did not identify a deployment location in Section I – Assignment Information (Overseas Duty); however, Section IX – Assignment Information, shows that he was assigned to “0003HQCORPS, FT HOOD, TX” from 9 January 2003. Section VIII – Awards and Decorations does not show award of the Iraq Campaign Medal or Global War on Terrorism Expeditionary Medal. 
 
c.  The applicant’s military record is void of any deployment orders, awards, or evaluations indicating he served in Iraq for the timeframe the applicant alleges the error or injustice occurred. 
 
d.  He was honorably released from active duty on 2 August 2004 due to parenthood. His DD Form 214 shows he completed 15 years, 8 months, and 10 days of active service. Block 12f (Foreign Service) shows 3 years, 1 month, and 9 days. Block 18 (Remarks) further noted “Service in Southwest Asia from 19960301-19960501, 19900820-19910411.”  It also shows he was awarded or authorized: 
 
• Army Lapel Button 

• Army Commendation Medal (4th Award) 

• Joint Service Achievement Medal (2nd Award) 

• Army Achievement Medal (10th Award) 

• Joint Meritorious Unit Award 

• Meritorious Unit Citation 

• Army Superior Unit Award 

• Global War on Terrorism Service Medal 

• Army Good Conduct Medal (5th Award) 

• National Defense Service Medal (2nd Award) 

• Southwest Asia Service Medal with 1 Bronze Service Star 

• Humanitarian Service Medal 

• Armed Forces Service Medal 

• Noncommissioned Officer Professional Development Ribbon (4th Award) 

• Army Service Ribbon 

• Overseas Service Ribbon (2nd Award) 


• United Nations Medal 

• NATO Medal 

• Kuwait Liberation Medal (K) 

• Kuwait Liberation Medal (SA) 

• Master Parachutist Badge 

• Senior Parachutist Badge 

• Parachutist Badge 

• Air Assault Badge 

• Driver and Mechanic Badge with Driver-W Bar 

• U.S. Army Gold Recruiter Badge 

• U.S. Army Basic Recruiter Badge 


 
4.  On 17 August 2023, a member of the Defense Finance Accounting Services staff provided email verification to confirm the applicant deployed to Kuwait from  
1 January 2004 to 2 August 2004. 
 
5.  By regulation (AR 15-185), an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 
 
6.  By regulation (AR 600-8-22),  
 
a.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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. Approved campaigns are: 
 
• 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) 
 
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. 
BOARD DISCUSSION: 
 
1.  The Board determined the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 
 
2.  After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The applicant served on active duty from 27 September 1988 to 2 August 2004. There are no documents confirming the applicant’s deployment to Iraq in his service records. However, DFAS verified the applicant’s deployment to Kuwait from 1 January 2004 to 2 August 2004. There are no documents that place him in Iraq. Based on the available evidence, the Board determined his DD Form 214 should be corrected to show his foreign service and deployment to Kuwait. If the applicant has additional documents that confirm physical presence in Iraq, the applicant may reapply to this Board for reconsideration.  
 
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
: : : GRANT FULL RELIEF 
 
xx: xx: xx: GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
: : : 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 her DD Form 214 ending on 2 August 2004 as follows:  
 
• Block 13, add Global War on Terrorism Service Medal and Global War on Terrorism Expeditionary Medal  

• Block 18 add Service in Kuwait 1 January 2004 to 2 August 2004 


 
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 service in Iraq and related awards.  
 
  9/5/2023

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 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 begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. 
 
a.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 
 
b.  The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 
 
3.  Army Regulation 600-8-22 (Military Awards), prescribes Army policy, criteria, and administrative instructions concerning individual military awards. 
 
a.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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. Approved campaigns are: 
 
• 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) 
 
b.  The Global War on Terrorism Expeditionary Medal (GWTEM) authorizes service members that are assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria including:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; or (2), is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time. 
 
4.  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. 
 
//NOTHING FOLLOWS//