IN THE CASE OF:	  

		BOARD DATE:	       15 January 2009

		DOCKET NUMBER:  AR20080012308 


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 that the Bronze Star Medal and the Combat Action Badge be added to his 25 November 2005 DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also requests, in effect, that block 12f (Foreign Service) of his DD Form 214 be corrected to read 9 months and
26 days.

2.  The applicant states, in effect, that he just received the orders and certificate for the Bronze Star Medal.

3.  The applicant provides copies of the certificate for his Bronze Star Medal, permanent orders for his Combat Action Badge, and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant, a United States Army Reserve staff sergeant, was ordered to active duty, on 12 September 2004, in support of Operation Iraqi Freedom.

2.  He served in Iraq from 1 January 2005 to 26 October 2005, a period of 
9 months and 26 days.  He was released from active duty on 25 November 2005.

3.  Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 25 November 2005 lists his awards as the Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Armed Forces Reserve Medal with "M" Device, Global War on Terrorism Service Medal, and the Iraq Campaign Medal.  Item 12f shows his foreign service as "0000 00 00."

4.  Headquarters, 42nd Infantry Division, Troy, New York Permanent Orders 
035-056, dated 4 February 2006, awarded the applicant the Combat Action Badge.

5.  On 5 August 2006 the applicant was recommended for the Bronze Star Medal with "V" device on 13 May 2005 by the Commander, Special Troops Battalion, 2nd Brigade, Pennsylvania Army National Guard.  The Director, Army National Guard recommended approval.  On 17 December 2007 the Commanding General, Human Resources Command, Alexandria, Virginia approved the award for achievement and published Permanent Orders Number 351-29.

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.  Information posted on the Army Knowledge Online website by the Military Awards Branch answers questions about Army Regulation 600-8-22 and the eligibility for the Overseas Service Ribbon (OSR).  This item includes the following:

As of 31 May 2006 Soldiers are authorized to be awarded the OSR
upon completion of a “normal overseas tour IAW [in accordance with] 
Army Regulation 614-30.”  If a Soldier is credited with tour completion for serving in Iraq, yes they can receive the OSR.  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a TCS/TDY status get credit for a completed short tour.  Your reference is Army Regulation 614-30 (23 Sep 04), Table 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by DOD; therefore, the Army gives equivalent credit for periods of TCS/TDY.  Also, since there is no official established DOD tour length, Soldiers cannot serve in Iraq in a PCS status.  To determine the overseas tour lengths refer to Appendix Q, Table 1, Joint Federal Travel Regulations (JFTR), Volume 1.  You will not find a tour length for Afghanistan or Iraq.  
8.  Army Regulation 600-8-22 authorizes wear of a bronze service star on the appropriate campaign medal, to include the Iraq Campaign Medal, for each campaign participation credit.  Authorized campaigns for Iraq are:  LIBERATION OF IRAQ/19 MAR 2003 – 1 MAY 2003; TRANSITION OF IRAQ/2 MAY 2003 – 28 JUN 2004; IRAQI GOVERNANCE/29 JUN 2004 – 15 DEC 2005; and NATIONAL RESOLUTION/16 DEC 2005 – DATE TO BE DETERMINED.

9.  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 policy for the preparation of the DD Form 214.  It states that for block 12f (Foreign Service), from the Soldier's record, enter the total amount of foreign service completed during the period covered by the DD Form 214 this period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was awarded the Bronze Star Medal and Combat Action Badge, but they are not shown on his DD Form 214.  His DD Form 214 also does not show his foreign service in block 12f.

2.  The applicant was awarded the Bronze Star Medal and the Combat Action Badge.  They should be shown on his DD Form 214.

3.  Additionally the applicant is authorized the Overseas Service Ribbon by reason of his 9 months and 26 days of continuous service in Iraq and is authorized to wear one bronze service star on his Iraq Campaign Medal.  These awards should be shown on his DD Form 214.

4.  The applicant's foreign service in Iraq from 1 January to 26 October 2005 is not shown in block 12f of his DD Form 214.  It should be entered as 0000 years,
09 months, and 26 days.

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:

	a.  deleting the entry "0000  00  00" from block 12f of his DD Form 214;

	
      b.  adding the entry "0000  09  26" to block 12f of his DD Form 214; and
 
      c.  adding the Bronze Star Medal, the Overseas Service Ribbon, the Combat Action Badge, and one bronze service star for wear on his already-awarded Iraq Campaign Medal  to block 13 of his DD Form 214.



   _______ _ 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)                                         AR20080012308



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012308



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1