IN THE CASE OF:	  

		BOARD DATE:	  16 DECEMBER 2008

		DOCKET NUMBER:  AR20080017383 


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) to show the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Overseas Service Ribbon, and any unit citations his unit may have been awarded.

2.  The applicant states, in effect, that he was discharged while his unit was still in Iraq.  He was discharged for hardship reasons.  He did not receive his Global War on Terrorism Ribbons [it is believed the applicant meant the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal], Overseas Service Ribbon and any unit citations received.

3.  The applicant adds in his request to the Board that he needs these corrections for State employment.

4.  In support of his request, the applicant provided a copy of his DD Form 214.

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 applicant’s 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 applicant’s 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 records show that he enlisted in the U.S. Army Reserve for eight years on 15 January 2002.  He enlisted in the Regular Army on 6 February 2002.  He completed his basic combat and advanced individual training and was awarded the military occupational specialty 11B (Infantryman).  The applicant continued to serve until 21 November 2003 when he was honorably discharged in the rank and pay grade of specialist, E-4, for hardship reasons.  On the date of his discharge the applicant had completed 1 year, 9 months, and 16 days of net active service.

3.  Item 8.a (Last Duty Assignment and Major Command) of the applicant's DD Form 214 show he was assigned to Headquarters and Headquarters Company, 2d Battalion (Assault), 327th Infantry Regiment, a Forces Command unit, on the date of his discharge.  Item 8.b (Station Where Separated) of the applicant's DD Form 214 shows he was separated at Fort Campbell, Kentucky.

4.  Item 35 (Record of Assignments) of the applicant's DA Form 2-1, show he was assigned to the 2d Battalion (Assault), 327th Infantry Regiment, Fort Campbell.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, and the Combat Infantryman Badge.  No other awards or decorations are shown.

6.  Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Iraq for the period 3 March 2003 through 23 May 2003; however, there are no orders in his service record to show the specific unit he deployed to Iraq with or if he was attached to another unit and deployed to Iraq as part of a task force.

7.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of eligibility.  Publication of orders to award this medal to eligible Soldiers is not required.

8.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal is designated for Soldiers who have participated in or served in support of the Global War on Terrorism operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized this award.  Publication of orders to award this medal to eligible Soldiers is not required.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Overseas Service Ribbon is authorized for award to members of the U.S. Army upon successful completion of overseas tours as prescribed by Army Regulation 
614-30 (Overseas Service).  To be eligible for award of the Overseas Service Ribbon, a Soldier must have completed 9 months in a continuous temporary change of station/temporary duty (TCS/TDY) status in areas where the unaccompanied tour length is up to 18 months or in isolated areas where tour lengths have not been established, or a minimum of 11 cumulative months in a TCS/TDY status during any 24 month period in areas where the unaccompanied tour length is designated as 12 to 18 months or in isolated areas where tour lengths have not been established by the Department of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Iraq for longer than 30 days during the qualifying period for award of the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal.  These awards are not shown on his DD Form 214.  He is entitled to correction of his records to show these awards.

2.  The evidence of record shows that the applicant deployed to Iraq; however, he was returned to the United States after only 2 months and 21 days.  The evidence shows that the applicant completed less than the 9 months required by Army Regulation 614-30 for him to receive overseas tour completion credit.  The applicant is therefore not entitled to award of the Overseas Service Ribbon and to have it added to his DD Form 214.

3.  The unit with which the applicant deployed to Iraq cannot be determined based on the evidence of record; therefore, a determination cannot be made which, if any, unit awards he is entitled to receive for his service in Iraq.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal and adding these awards to his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Overseas Service Ribbon and any unnamed unit citations the applicant's unit may have been awarded while he was a member of the unit and their addition to 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)                                         AR20080017383



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ABCMR Record of Proceedings (cont)                                         AR20080017383



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