IN THE CASE OF:
BOARD DATE: 24 September 2008
DOCKET NUMBER: AR20080008380
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, in effect, correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Overseas Service Ribbon for his service in Iraq.
2. The applicant states, in effect, that he is authorized the Overseas Service Ribbon.
3. The applicant provides copies of his DD Form 214, mobilization and demobilization orders.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 10 February 2003, the applicant was ordered to active duty as a member of the 257th Transportation Corps Company, United States Army Reserve, in support of Operation Enduring Freedom and Iraqi Freedom.
3. On or about 6 April 2003, the applicant was assigned duty with his unit in Iraq. He returned to the United States on or about 17 March 2004.
4. On 19 April 2004, the applicant was released from active duty. He had completed 1 year, 2 months, and 10 days of creditable active duty during this period of service.
5. Item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the National Defense Service Medal, Army Commendation Medal, Army Reserve Components Achievement Medal, Global War on Terrorism Expeditionary Medal, Armed Forces Reserve Medal with M Device, Noncommissioned Officers Professional Development Ribbon, Army Service Ribbon, and the Driver and Mechanic Badge with Driver-W and Operator-S Bars. It does not show award of the Overseas Service Ribbon.
6. 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. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.
7. Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant served a qualifying period of overseas service for award of the Overseas Service Ribbon. Therefore, his records should be corrected to show this award.
2. The evidence of record shows that the applicant served during a qualifying period of service for award of the Global War on Terrorism Service Medal. Therefore, his records should be corrected to show this award.
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 showing, in addition to the awards already shown on his DD Form 214, that his awards include the Global War on Terrorism Service Medal and the Overseas Service Ribbon.
_______ _ _______ ___
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) AR20080008380
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ABCMR Record of Proceedings (cont) AR20080008380
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