RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 July 2007
	DOCKET NUMBER:  AR20070000814 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  


Ms. Catherine C. Mitrano

Director

Ms. Wanda L. Waller

Analyst


The following members, a quorum, were present:


Ms. Kathleen Newman

Chairperson

Ms. Susan Powers

Member

Mr. Edward Montgomery

Member

	The Board considered the following evidence: 

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Iraq Campaign Medal and one or two awards of the Overseas Service Ribbon.  He also requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show a third award of the Army Achievement Medal. 

2.  The applicant states, in effect, that he served in Iraq from March 2003 to February 2004, that his deployments (Iraq and Kosovo) equaled 16 and 1/2 months, and that he received the Army Achievement Medal after he was discharged.  He also indicated that he had orders for the Army Achievement Medal; however, he did not provide a copy of these orders. 

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in Operation Iraqi Freedom.

2.  The applicant requested correction of his records to show a third award of the Army Achievement Medal.  There are no orders or other evidence authorizing this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request a third award of the Army Achievement Medal under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, they will not be discussed further in this Record of Proceedings.

3.  The applicant enlisted on 19 July 2000 for a period of 4 years.  He served as an infantryman in Kuwait/Iraq from 8 March 2003 to 2 February 2004.  On 18 July 2004, the applicant was released from active duty.  

4.  The applicant’s DD Form 214 shows the Army Achievement Medal 
(2d Award), the Army Commendation Medal, the Army Good Conduct Medal, the Global War on Terrorism Expeditionary Medal (GWOTEM), the Global War on Terrorism Service Medal, the National Defense Service Medal, the Kosovo Campaign Medal, the North Atlantic Treaty Organization Medal, the Army Service Ribbon, the Overseas Service Bar (2d Award), and the Combat Infantryman Badge as authorized awards.     

5.  On 13 June 2007, the applicant was notified by separate correspondence that he was eligible for the GWOTEM and the Iraq Campaign Medal for qualifying service in Iraq; however, he could only receive one of these service medals in recognition of his service in Iraq.  He was instructed to notify the Board of his decision to receive the Iraq Campaign Medal or have the GWOTEM remain on his DD Form 214.  On 25 June 2007, he responded and indicated that he wanted the GWOTEM to remain on his DD Form 214.  Therefore, this portion of the applicant’s request will not be discussed further in these Proceedings.    

6.  The applicant’s inclusive dates of service in Kosovo are not available.

7.  A Frequently Asked Questions document from the Human Resources Command (HRC), Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers’ eligibility for awards while deployed to Iraq or Afghanistan.  The document states “Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  “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.  Your reference is Army Regulation 614-30, Tables 3-2, rules 5 and 7.  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.”

8.  Army Regulation 614-30 prescribes the policies related to overseas permanent change of station moves.  This regulation refers to Appendix Q, Table 1, of the Joint Federal Travel Regulation, Volume 1, for overseas tour lengths.  The Joint Federal Travel Regulation does not list Kosovo; however, the entry for Yugoslavia is referred to the entry for Macedonia.  A tour length for service in Macedonia is 18 months unaccompanied or 12 months unaccompanied in Skopje.

9.  Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.    Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a period of qualifying service in Iraq for award of the Overseas Service Ribbon.  
2.  The applicant stated that he served 16 and 1/2 months in Iraq and Kosovo.  Although his inclusive dates of service in Kosovo are not available, evidence of record shows he served in Iraq for 11 months which would mean he served in Kosovo for about 5 and 1/2 months.  The minimum service for tour completion credit in Kosovo would have been 12 months.  Therefore, there is insufficient evidence on which to award a second award of the Overseas Service Ribbon in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

KN_____  ___SP___  __EM___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 to add the Overseas Service Ribbon.

2.  The Board further determined that 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 a second award of the Overseas Service Ribbon.  


___Kathleen Newman____
          CHAIRPERSON




INDEX

CASE ID
AR20070000814
SUFFIX

RECON

DATE BOARDED
20070710
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0079
2.

3.

4.

5.

6.