IN THE CASE OF:	  

		BOARD DATE:	        19 FEBRUARY 2009

		DOCKET NUMBER:  AR20080015865 


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, in two applications, requests that he be awarded the Army Good Conduct Medal and the Overseas Service Ribbon. 

2.  The applicant essentially states that the unit he was on active duty with was unaware that they could award the Army Good Conduct Medal to Reserve Soldiers called to active duty for over 1 year under Title 10, United States Code provided that no period of the active duty service was duplicated with award of the Army Reserve Components Achievement Medal.  He also states that a change to the requirements for award of the Overseas Service Ribbon eliminated the policy which restricted award of the Overseas Service Ribbon when a campaign or service medal was awarded for the overseas service.  He further states, in effect, that he fulfilled the requirement to receive credit for completion of a normal overseas tour in Iraq.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued to him on 24 May 2004, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, orders, dated 19 January 2003, which ordered him to active duty in January 2003, orders, dated 12 May 2003, which directed the 751st Quartermaster Company to make a Temporary Change of Station (TCS) to the United States Central Command area of responsibility with a will proceed date of 14 May 2003, orders, dated 5 November 2003, which amended the period of mobilization of the 751st Quartermaster Company from up to 12 months to 12 months but not to exceed 543 days, orders, dated 17 December 2003, which reassigned the applicant to Fort Lewis, Washington for medical care, orders, dated 3 January 2004, which amended the applicant's period of mobilization from 365 days to not to exceed 543 days, orders, dated 2 February 2004, which attached him to a holding detachment at Fort Lewis, Washington on 22 December 2003 for the purpose of convalescent leave, orders, dated 29 April 2004, which released him from active duty on 24 May 2004, a letter of commendation, dated 3 November 2003, a certificate and the front page of a DA Form 638 (Recommendation for Award) regarding an Army Commendation Medal that he was awarded for the period 19 May 2003 to 13 December 2003, an undated certificate of achievement from the Commanding General, Headquarters, I Corps and Fort Lewis, Fort Lewis, Washington, a message, dated 25 October 2005, regarding changes to the Overseas Service Ribbon and the Driver and Mechanic Badge, an extract of Army Regulation 600-8-22 (Military Awards) with information on the Overseas Service Ribbon, pages 11 through 15 of Army Regulation 614-30 (Overseas Service), and pages 56 through 59 of Army Regulation 600-8-22 which provided information on the Army Good Conduct Medal in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently a commissioned officer in the United States Army Reserve (USAR).

2.  The applicant requested, in part, that he be awarded the Army Good Conduct Medal.  However, there is no indication that the applicant has exhausted his administrative remedies by requesting this award in accordance with paragraph 4-11 (Retroactive award), Army Regulation 600-8-22.  The applicant has been advised in separate correspondence of the procedures for requesting retroactive award of the Army Good Conduct Medal and, as a result, the Army Good Conduct Medal will not be discussed further in these proceedings.

3.  The applicant's military records show that he enlisted in the USAR on 
21 February 2001.  He was ordered to active duty for training (ADT), completed basic and advanced individual training, and was awarded military occupational specialty 77F (Petroleum Supply Specialist).  He was then released from ADT and reverted to his USAR Ready Reserve status.  He was ordered to active duty in support of Operation Enduring Freedom/Operation Iraq Freedom on 
21 January 2003, and served 7 months and 1 day of foreign service in Kuwait and Iraq.  He was honorably released from active duty on 24 May 2004 and again reverted to his USAR Ready Reserve status.  On 17 August 2006, he enlisted in the Arizona Army National Guard.  On 17 August 2008, he was honorably discharged from his National Guard enlisted status.  His DD Form 214 shows that he was awarded the Army Commendation Medal, the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Armed Forces Reserve Medal with "M" (for Mobilization) Device, and the Army Service Ribbon.  On 18 August 2008, he was appointed a Reserve commissioned officer in the USAR.

4.  The applicant requested that he be awarded the Overseas Service Ribbon and stated that he fulfilled the requirement to receive credit for a completion of a normal overseas tour in Iraq.  Item 12f (Foreign Service) of his DD Form 214 shows that he completed 7 months and 1 day of foreign service.  He also provided documentation which essentially shows that he served in support of Operation Iraqi Freedom from mid-May 2003 to mid-December 2003.

5.  Army Regulation 600-8-22 provides, in pertinent part, that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation also 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.  

6.  Army Regulation 614-30 (Overseas Service) prescribes the policies related to overseas permanent change of station moves.  This regulation also governs overseas tour lengths and credit for tour completion.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense; therefore, the Army gives equivalent credit for such periods of overseas service.  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a TCS/Temporary Duty (TDY) status get credit for a completed short tour.

7.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Overseas Service Ribbon. 

2.  While the sincerity of the applicant's claim that he should be awarded the Overseas Service Ribbon for his service in Iraq is not questioned, as he did not complete 11 cumulative months or 9 continuous months in Iraq in a TCS/TDY status, there is no basis for awarding him the Overseas Service Ribbon for his service in Iraq in 2003.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during Operation Iraqi Freedom.  The applicant and all Americans should be proud of his service in arms.




      _______ _XXX   _______   ___
       	   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)                                         AR20080015865



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ABCMR Record of Proceedings (cont)                                         AR20080015865



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