RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 July 2007
      DOCKET NUMBER:  AR20070001849


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John P. Infante               |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. James R. Hastie               |     |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 that the Bronze Star Medal, the Combat Action
Badge, and two Overseas Service Ribbons be added to his DD Form 214
(Certificate of Release or Discharge from Active Duty) for the period
ending 29 April 2005.

2.  The applicant states he was awarded the Bronze Star Medal after his DD
Form 214 was prepared.

3.  The applicant provides his DD Form 214 for the period ending 29 April
2005 and a citation for the Bronze Star Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in Operation Iraqi Freedom.

2.  The applicant requested correction of his records to show award of the
Bronze Star Medal.  There are no orders or other evidence authorizing award
of this decoration to the applicant.  In the absence of a proper award
authority for this decoration, the applicant may request award of the
Bronze Star Medal under the provisions of section 1130 of Title 10, U. S.
Code.  He has been notified by separate correspondence of the procedures
for applying for this decoration under section 1130.  There are no orders
or other evidence authorizing award of the Combat Action Badge to the
applicant.  In the same letter, he was advised he may request award of the
Combat Action Badge under the provisions of Army Regulation 600-8-22.  As a
result, these awards will not be discussed further in this Record of
Proceedings.

3.  The applicant enlisted in the Army National Guard on an unknown date.

4.  On 18 December 2003, the applicant entered active duty.  His DD Form
 214 for the period ending 29 April 2005 shows he served in Iraq from 18
March 2004 through 28 March 2005.  He was released from active duty on 29
April 2005.  This DD Form 214 does not show he was awarded any Overseas
Service Ribbons.

5.  The applicant’s DD Form 214 for the period ending 29 April 2005 also
shows he had been awarded the Southwest Asia Service Medal; however, a DD
Form 214 for his active duty during Operation Desert Storm is not available
and there
is no other information available that shows how long he served in
Southwest Asia during Operation Desert Storm.

6.  The applicant’s DD Form 214 for the period ending 29 April 2005 was
amended around June 2006 (the date is partially illegible) to add some
awards; however, the Overseas Service Ribbon was not added.

7.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service
Ribbon was established by the Secretary of the Army on 10 April 1981.
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.

8.  A Frequently Asked Questions document from the U. S. Army Human
Resources Command, 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."

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record shows the applicant met the
eligibility criteria for award of one Overseas Service Ribbon for his 12-
month tour of duty in Iraq.

2.  The available evidence of record shows the applicant had at least one
other period of overseas service, when he served in Southwest Asia during
Operation Desert Storm.  However, there is no evidence of record to show
how long he served in Southwest Asia.  In addition, considering the short
course of that war (also in an isolated area), it is doubtful if the
applicant would have met the eligibility criteria to have been credited
with a completed overseas tour.

3.  There is no other available evidence of record to show whether the
applicant served in any other overseas areas.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__jpi___  __rml___  __jrh___  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 for the period ending 29
April 2005 to add one award of 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
amending his DD Form     214 for the period ending 29 April 2005 to add a
second award of the Overseas Service Ribbon.




                                  __John P. Infante_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070001849                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070724                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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