IN THE CASE OF: BOARD DATE: 19 October 2023 DOCKET NUMBER: AR20230006701 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 2008 to show his foreign service in Iraq and award(s) authorized for Operation Iraqi Freedom (OIF). He also requests a video/telephonic appearance before the Board. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 088-355, 29 March 2007 * DD Form 214, 31 July 2008 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 deployed to Iraq in support of OIF and it does not reflect on his DD Form 214. He needs the “operation award” to appear on his DD Form 214 so he can receive benefits from being medically evacuated from the deployment. He did not know the information was missing from his DD Form 214 until he applied for benefits. 3. The applicant provides Orders Number 088-355, issued by the State of California, Office of the Adjutant General, Sacramento, California, dated 29 March 2007, which ordered him to active duty in support of OIF. The orders state the applicant was to report to the mobilization station (Camp Atterbury, IN) on 16 April 2007 for a period of active duty not to exceed 545 days. 4. A review of the applicant’s service record shows: a. He enlisted in the Army National Guard (ARNG) of the United States on 12 July 2005. b. Orders Number 210-0035, issued by Headquarters, National Training Center and Fort Irwin, Fort Irwin, California, dated 28 July 2008, released the applicant from active duty, effective 31 July 2008. c. He was honorably released from active duty on 31 July 2008. His DD Form 214 shows: * Item 12a (Date Entered Active Duty This Period): 13 April 2007 * Item 12c (Net Active Service This Period): 1 year, 3 months, and 18 days * Item 12f (Foreign Service): 7 months and 22 days * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon * Item 18 (Remarks): Does not show service in Iraq 5. The applicant did not provide nor did the service record contain documentation regarding the medical evacuation referenced in the DD Form 149. 6. On 13 October 2023, a member of the Defense Finance and Accounting Service staff provided email verification to confirm the applicant deployed to Kuwait from 26 June 2007 to 15 November 2007 (4 months and 21 days). 7. By regulation (AR 15-185), 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. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, a majority of the Board found relief is warranted. 2. A majority of the Board noted that, although the applicant’s pay records indicate he served in Kuwait, pay records only list the country through which a Soldier entered the theater of operations. A majority of the Board found that the applicant would have proceeded into Iraq from Kuwait and determined it would be appropriate to add this period of deployed service to his DD Form 214 along with the Iraq Campaign Medal with one bronze service star. 3. The member in the minority found the evidence insufficient to confirm the applicant served in Iraq and determined his request should be denied. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : :X 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 amending his DD Form 214 for the period ending 31 July 2008 as follows: * Add to item 13 – Iraq Campaign Medal with one bronze service star * Add to item 18 – Service in Kuwait/Iraq from 200706 to 20071115 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 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active-duty service, or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. a. From the Enlisted Record Brief/Officer Record Brief, enter the total amount of foreign service completed during the period covered in block 12f b. Block 18 (Remarks), enter for active-duty Soldiers deployed with their unit during their continuous period of active service, enter only the statement “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates).” 3. Army Regulation 600-8-22 states the Iraq Campaign Medal 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 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) 4. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230006701 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1