IN THE CASE OF:
BOARD DATE: 8 January 2015
DOCKET NUMBER: AR20140008706
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Iraq from November 2003 to March 2004.
2. The applicant states he deployed to Iraq twice but his DD Form 214 only shows his second deployment in 2005. He believes the omission was due to human error.
3. The applicant provides his DD Form 214 and a memorandum.
CONSIDERATION OF EVIDENCE:
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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 22 May 2002. On 27 October 2003, he was assigned to Headquarters and Headquarters Company, 4th Infantry Division (ID), Fort Hood, TX.
3. On 12 May 2007, he was honorably retired by reason of temporary disability and transferred to Temporary Disability Retired List.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the:
* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
5. Item 18 (Remarks) of his DD Form 214 contains the entry "SERVICE IN IRAQ FROM 20050921-20060308."
6. The applicant provides a memorandum for record, dated 12 February 2004, wherein the Commander, HHC, 4th ID, Tikrit, Iraq, certified that the applicant was deployed to Kuwait/Iraq in support of Operation Iraqi Freedom (OIF) and arrived in theater on 25 November 2003.
7. On 3 June 2014, by email, a Defense Finance and Accounting Service (DFAS) official verified he received hostile fire (HF)/imminent danger pay (IDP) for service in Kuwait from 25 November 2003 to 22 March 2004.
8. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
b. The Iraq Campaign Medal is awarded to members who served in direct support of OIF. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Only one award of the Iraq Campaign Medal may be authorized for any individual. A review of his records shows he participated in two campaigns during his service in Iraq from 21 September 2005 to 8 March 2006.
DISCUSSION AND CONCLUSIONS:
1. DFAS confirmed the applicant received HF/IDP from 25 November 2003 to 22 March 2004 and his commander certified that he served in Kuwait/Iraq with the 4th ID during this period. Therefore, his DD Form 214 should be corrected to show this foreign service in Kuwait and Iraq.
2. He served in Kuwait and Iraq from 25 November 2003 to 22 March 2004 and in Iraq from 21 September 2005 to 8 March 2006. He participated in two campaigns during his service in Iraq from September 2005 to March 2006. Therefore, he served during qualifying periods for both award of the Global War on Terrorism Expeditionary Service Medal and the Iraq Campaign Medal with two bronze service stars. As the Global War on Terrorism Expeditionary Medal is already shown on his DD Form 214, he is entitled to correction of his DD Form 214 to show the Iraq Campaign Medal with two bronze service stars.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 by adding to:
* item 13 the Iraq Campaign Medal with two bronze service stars
* Item 18 the entry "SERVICE IN KUWAIT/IRAQ FROM 20031125-20040322"
___________x_______________
CHAIRPERSON
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.
ABCMR Record of Proceedings (cont) AR20140008706
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140008706
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100019759
Application for correction of military records (with supporting documents provided, if any). The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. His pay records are more consistent with the dates shown...
ARMY | BCMR | CY2011 | 20110009631
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his foreign service in support of Operation Iraqi Freedom (OIF) * award of the Bronze Star Medal and Global War on Terrorism Expeditionary Medal 2. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * adding to...
ARMY | BCMR | CY2014 | 20140013882
The applicant requests reconsideration of his previous request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Iraq and the awards he is entitled to for his service in Iraq. His record is void of any evidence that shows he served in Iraq. Army Regulation 600-8-22 (Military Awards) states: a.
ARMY | BCMR | CY2012 | 20120008051
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his deployment to Iraq from 28 March 2004 to 19 July 2004 * award of the Iraq Campaign Medal 2. d. The Global War on Terrorism Service Medal 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 Global War on Terrorism Expeditionary...
ARMY | BCMR | CY2012 | 20120010102
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 October 2003 to show his foreign service time and award of the Combat Infantryman Badge (CIB). The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 12f of his DD Form 214 for...
ARMY | BCMR | CY2012 | 20120007100
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq from February 2003 to February 2004 and from November 2005 to November 2006. Additionally, this period of service qualifies him for award of the Iraq Campaign Medal with a bronze service star (to designate his campaign participation in the National Resolution campaign) and correction of his DD Form 214 to show this award. As a result, the Board recommends...
ARMY | BCMR | CY2010 | 20100023285
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his service in Iraq * award of the Iraq Campaign Medal * 7 months of foreign service * award of the Army Good Conduct Medal 2. Army Regulation 600-8-22 states that service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently...
ARMY | BCMR | CY2013 | 20130020578
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in: * Grenada from 13 September through 3 December 1983 * Kosovo from 15 June through 1 December 1999 * Iraq from 3 February through 9 July 2003 * Afghanistan from 15 August 2003 through 16 January 2004 2. Chapter 2 contains guidance on the preparation of the DD Form 214 and states: a. all decorations, badges, citations, and campaign ribbons awarded or...
ARMY | BCMR | CY2014 | 20140017101
Application for correction of military records (with supporting documents provided, if any). The applicant requests: a. correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq for 451 days with the 501st Military Intelligence (MI) Battalion; and b. award of the Combat Action Badge, Iraq Campaign Medal with three campaign stars, Global War on Terrorism Expeditionary Medal, and Army Achievement Medal. The applicant provides: * DD Form...
ARMY | BCMR | CY2012 | 20120003882
He meets the criteria for award of the Iraq Campaign Medal and should be entitled to correction of his records to show it. He meets the criteria for award of the Kosovo Campaign Medal and should be entitled to correction of his records to show it. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * adding the following awards to item 13 of his DD Form 214 for the period ending 22 January 2008 * Army Commendation Medal *...