IN THE CASE OF:
BOARD DATE: 16 December 2008
DOCKET NUMBER: AR20080015051
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 his records be corrected by adding the Overseas Service Ribbon to Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214).
2. The applicant states that at the time of his discharge from the military he was ineligible for the Overseas Service Ribbon because he had earned a service medal for his overseas service. He states that since that time Army Regulation 600-8-22 (Military Awards) has changed and he is now eligible for the Overseas Service Ribbon.
3. The applicant provides a copy of his DD Form 214; 81st Regional Readiness Command, Birmingham, AL, Orders 03-322-00154, dated 18 November 2003; and Headquarters, 3d Infantry Division (Mechanized), Fort Stewart, GA, Permanent Orders 23-4, dated 23 January 2004 in support of is application.
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. The applicant's military personnel record shows that as a U.S. Army Reserve (USAR) Soldier, he was ordered to and entered active duty on 7 December 2003 in support of Operation Enduring Freedom. He served in military occupational specialty (MOS) 88M (Motor Transport Operator). He was honorably released from active duty on 10 February 2005 after serving 1 year, 2 months, and 4 days of active service.
3. The applicant's DD Form 214, Item 13, does not show the Overseas Service Ribbon. Item 18 (Remarks) of the DD from 214 shows that the applicant was ordered to active duty in support of Operation Enduring (sic) Freedom in Iraq from 28 January 2004 through 12 January 2005.
4. 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. 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.
5. Army Regulation 614-30 (Award of tour credit and adjustment of date eligible to return from overseas/date of return from overseas (DROS)) Table 3-2, Rule
8 states, in pertinent part, that a Soldier will be credited with a completed tour and awarded a new DROS if he/she serves nine months in a continuous temporary change of station/duty status in areas where the unaccompanied tour length is up to 18 months, or in isolated areas where tour lengths have not been established.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that Item 13 of his DD Form 214 should be corrected by adding the Overseas Service Ribbon.
2. The evidence shows the applicant successfully completed his overseas tour in Iraq from 28 January 2004 through 12 January 2005. Therefore, he is entitled to correction of his records to add the award of the Overseas Service Ribbon in Item 13 of his DD Form 214.
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 adding the award of the Overseas Service Ribbon in Item 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) AR20080015051
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ABCMR Record of Proceedings (cont) AR20080015051
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