IN THE CASE OF:	

		BOARD DATE:	10 September 2009  

		DOCKET NUMBER:  AR20090006252 


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) for the period ending 30 April 2004 to show award of the Korea Defense Service Medal, the Iraq Campaign Medal with two bronze service stars, the Global War on Terrorism Service Medal, and the Valorous Unit Award.  In addition, he further requests correction of the Overseas Service Ribbon on his DD Form 214 to show numeral 4.  The permanent orders for award the Legion of Merit and the Bronze Star Medal along with the unit citation for the Valorous Unit Award be included in his Official Military Personnel File (OMPF), at the U.S. Army Human Resources Command (HRC), St. Louis, MO.

2.  The applicant states at the time of his retirement the above awards were omitted from his DD Form 214 and that a determination was not made on the Valorous Unit Award until after his retirement.

3.  The applicant provides:

	a.  his DD Form 214;

	b.  a DA Form 2-1 (Personnel Qualification Record - Part II);

	c.  a DA Form 2166-6 (Enlisted Evaluation Report), with the period ending April 1985;

	d.  Headquarters, 4th Infantry Division Permanent Orders Number A-317-8, dated 13 November 2003;
	e.  Headquarters, 4th Infantry Division Permanent Orders Number 335-32, dated 1 December 2003; and 

	f.  two HRC Memoranda of unit awards for the Presidential Unit Citation and the Valorous Unit Award.

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 enlisted in the Regular Army on 7 October 1982.  

3.  His DA Form 2-1 shows he served four overseas tours during the course of his military career:

	a.  Korea - 22 October 1982 to 21 April 1985 (30 months = two tour credit);

	b.  Germany - 20 November 1987 to 23 December 1990 (37 months = one tour credit); and 

	c.  Korea - 6 March 1999 to 5 March 2000 (12 months = one tour credit).

4.  On 29 March 2003, the applicant arrived in Iraq assigned to Headquarters and Headquarters Troop, 1st Squadron 10th Cavalry Regiment (2nd Brigade), 4th Infantry Division.  He departed Iraq on 21 October 2003 after participating in two campaigns.

5.  Headquarters, 4th Infantry Division Permanent Orders Number A-317-8, dated 13 November 2003, shows that the applicant was awarded the Legion of Merit for meritorious service for the period 1 February 1994 through 21 January 2004.


6.  Headquarters, 4th Infantry Division Permanent Orders Number 335-32, dated 1 December 2003, shows that the applicant was awarded the Bronze Star Medal for meritorious achievement for the period 1 April 2003 through 12 May 2003 during Operation Iraqi Freedom.

7.  On 30 April 2004, the applicant retired.

8.  The applicant DD Form 214 for the period ending 30 April 2004 shows he was awarded the Army Lapel Button, the Legion of Merit, the Bronze Star Medal, the Meritorious Service Medal (3rd Award), the Army Commendation Medal (6th Award), the Army Achievement Medal (8th Award), the Army Good Conduct Medal (7th Award), the National Defense Service Medal (2nd Award), the Noncommissioned Officer Professional Development Ribbon with Numeral 3, the Army Service Ribbon, the Overseas Service Ribbon (3rd Award), and the Expert Marksmanship Qualification Badge with Pistol Bar.  Item 18 (Remarks) shows he was deployed to Southwest Asia for the period 29 March 2003 through
21 October 2003.

9.  A review of the applicant's OMPF revealed that the permanent orders awarding him the Legion of Merit and the Bronze Star Medal are not listed on his OMPF.

10.  By memorandum from HRC, Chief, Military Awards Branch, dated 
12 December 2005.  The Chief, Military Awards Branch notified the Commander, 4th Infantry Division (Mechanized), Fort Hood, Texas that the 2nd Brigade, 4th Infantry Division was awarded the Valorous Unit Citation for the period 24 April 2003 through 22 March 2004. 

11.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Only one award is authorized per individual.

12.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of Operation Iraqi Freedom.  A bronze service star is authorized for the following 
campaigns:  Liberation of Iraq 19 March 2003 – 1 May 2003, Transition of Iraq 
2 May 2003 – 28 June 2004, Iraqi Governance 29 June 2004 – 15 December 2005, and National Resolution 16 December 2005 – Date to be determined.
13.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined.  

15.  Army Regulation 600-8-22 states that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  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 and the overseas service is not recognized with another U.S. service medal.  The Overseas Service Ribbon will not be awarded for overseas service recognized with another U.S. service medal.  For example, if a soldier was credited with overseas tour completions per AR 614-30 for Alaska, Berlin, Germany, and also served in the Vietnam Conflict and the Persian Gulf War, he or she would be entitled to the Overseas Service Ribbon with numeral 2 (Alaska and Germany), the Army of Occupation Medal (Berlin), the Vietnam Service Medal, and the Southwest Asia Service Medal.  Numerals will be used to denote second and subsequent awards of the Overseas Service Ribbon.

Army Regulation 614-30 (Overseas Service) provides policy and guidance on eligibility and selection criteria for overseas service in a permanent change of station (PCS) status under routine conditions as well as contingency operations and deployments, and establishment of tour lengths for overseas areas among other things.  It states, in pertinent part, the prescribed OCONUS (Outside Continental United States) tour lengths for long- and short-tour areas are listed in the Joint Federal Travel Regulations (JFTR), appendix Q, table 1.  There is no statutory limitation on the amount of time Soldiers may remain overseas.  The JFTR, at Appendix Q, Table 1, provides a 12-month unaccompanied tour length for Korea and a 36-month accompanied tour length for Germany.

16.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the OMPF, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  It states, in effect, that individual award orders will be filed on the performance fiche (commendatory and disciplinary (CD) section).  However, the placement of unit awards is not authorized document to be placed on the OMPF.


DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant met the eligibility criteria for award of the Korea Defense Service Medal, Iraq Campaign Medal with two bronze service stars, and the Global War on Terrorism Service Medal.  His DD Form 214 should be amended to add these awards.

2.  The applicant was assigned to a unit during a period of time this unit was awarded the Valorous Unit Award.  His DD Form 214 should be amended to add this award.  In accordance with Army Regulation 600-8-104, unit awards are not filed on the OMPF.  Therefore, there are no grounds to file the Valorous Unit Award on the applicant's OMPF.

3.  The applicant's DD Form 214 for the period ending 30 April 2004 show he was awarded the Legion of Merit and the Bronze Star Medal.  Therefore, Headquarters, 4th Infantry Division Permanent Orders Number A-317-8, dated 13 November 2003, awarding the Legion of Merit and Headquarters, 4th Infantry Division Permanent Orders Number 335-32, dated 1 December 2003, awarding the Bronze Star Medal should be filed on the performance fiche CD section of the applicant's OMPF.

4.  The applicant contends that the numeral on his Overseas Service Ribbon should show the correct number of overseas tours.  His DA Form 2-1 shows he completed four overseas tours.  Therefore, his DD Form 214 should be amended to show the numeral 4 on his Overseas Service Ribbon.

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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending the applicant's DD Form 214 to add the Korea Defense Service Medal, the Iraq Campaign Medal with two bronze service stars, the Global War on Terrorism Service Medal, the Overseas Service Ribbon with Numeral 4, and the Valorous Unit Award; and 

	b.  filing on the performance fiche CD section of the applicant's OMPF Headquarters, 4th Infantry Division Permanent Orders Number A-317-8, dated 13 November 2003, awarding him the Legion of Merit and Headquarters, 4th Infantry Division Permanent Orders Number 335-32, dated 1 December 2003, awarding him the Bronze Star Medal. 

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 filing the Valorous Unit Award on his OMPF.




      _______ _   _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)                                         AR20090006252





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090006252



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1