IN THE CASE OF:
BOARD DATE: 10 June 2008
DOCKET NUMBER: AR20080005559
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) with the period ending 31 October 2007 to show award of the Iraq Campaign Medal (ICM) and the Overseas Service Ribbon (OSR).
2. The applicant states, in effect, that the above awards should be added to his DD Form 214 for his service in Iraq.
3. The applicant provides a DD Form 2796 (Post-Deployment Health Assessment), dated 10 July 2006.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 13 April 2004. He successfully completed basic training and advanced individual training and was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic).
2. The applicant served in Iraq a total of 11 months from 2 December 2005 to
1 November 2006. He was discharged with a general discharge on 31 October 2007, after completing 3 years, 5 months, and 15 days of creditable active service.
3. The applicant's DD Form 214 with the ending period 31 October 2007 shows he was awarded the National Defense Service Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon. Item 12f (Foreign Service) of his DD Form 214 does not show the total of amount of foreign service completed during the period covered and item 18 (Remarks) does not show his deployment to Iraq.
4. Army Regulation 600-8-22 (Military Awards) states that individuals authorized the ICM must have served in direct support of Operation Iraqi Freedom (OIF). The area of eligibility encompasses all land area of the country of Iraq, and 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 ICM period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF. A bronze service star is authorized for the following campaigns: 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; and National Resolution 16 December 2005 Date to be determined.
5. Army Regulation 600-8-22 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.
6. Human Resources Command (HRC) Military Awards Branch, issued a Frequently Asked Questions guide of examples to show the status of Soldiers deployed to Southwest Asia for eligibility for the OSR and other awards. That guide lists "Question: Can I be awarded the OSR for being in Iraq? Answer: Soldiers are authorized to be awarded the OSR upon completion of a "normal overseas tour as in accordance with Army Regulation 614-30." If a Soldier is credited with tour completion in Iraq, yes they can receive the OSR. Army Regulation 614-30, in pertinent part, states that Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a Temporary Change of Station (TCP)/TDY status get credit for a completed short tour."
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from
active military service or control of the Army. It establishes standardized preparation of the DD Form 214.
8. Army Regulation 635-5 states, in item 18 (Remarks), for active duty Soldiers deployed with their unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. Based on his service in Iraq, the applicant is eligible for award of the Iraq Campaign Medal with two bronze service stars.
2. The applicant met the eligibility criteria for award of the Overseas Service Ribbon. Therefore, his DD Form 214 should be amended to add this award.
3. The applicant's DD Form 214 does not show his service in Iraq. His DD Form
214 should be amended to read "0000" years, "11" months, and "00" days in item 12f and to add "SERVICE IN IRAQ FROM 20051202- 20061101" in item 18.
BOARD VOTE:
__xxx __ __xxx __ ___xxx__ 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:
a. amending his DD Form 214 in item 12f to read "0000" year(s), "11" month(s), and "00" day(s);
b. amending his DD Form 214 in item 13 to add the Iraq Campaign Medal with two bronze star service stars and the Overseas Service Ribbon; and
c. amending his DD Form 214 in item 18 to add " SERVICE IN IRAQ FROM 20051202- 20061101."
___ xxxxxxxxxxxx __
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.
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