IN THE CASE OF:
BOARD DATE: 11 March 2010
DOCKET NUMBER: AR20090009318
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, in effect, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her deployment to Kuwait/Iraq in 2003. She also requests award of the Overseas Service Ribbon (OSR) and service stars for her Iraq Campaign Medal (ICM).
2. The applicant states, in effect, that she deployed to Kuwait/Iraq both in 2003 and 2005; however, her DD Form 214 reflects only one deployment period. She goes on to state that her husband was awarded the OSR and two bronze service stars for wear on his ICM and she did not receive any for her deployments.
3. The applicant provides no additional documents with her 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 enlisted in the Regular Army on 17 January 2001 for a period of 4 years and training as an aviation operations specialist. She successfully completed her training and was transferred to Hunter Army Airfield, Georgia for her first and only permanent duty assignment.
3. Information obtained from the Defense Finance and Accounting Service (DFAS) shows the applicant deployed to Kuwait/Iraq during the period of 28 January through 8 August 2003. She was advanced to the pay grade of E-4 on 1 June 2003.
4. She again deployed to Iraq in support of Operation Iraqi Freedom from 16 January to 30 December 2005. However, there is no evidence to show that she was awarded the OSR.
5. On 30 April 2006, she was honorably released from active duty (REFRAD) due to completion of required service. Her DD Form 214 issued at the time of her REFRAD fails to show that she was awarded the OSR or any bronze service stars to denote campaign participation during her 1 year, 6 months, and 26 days of foreign service.
6. A review of available evidence shows the applicant participated in four campaigns while assigned to Kuwait/Iraq and thus she is entitled to wear four bronze service stars on her ICM to denote her campaign participation.
7. 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. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. Normal overseas tour completion for Iraq/Kuwait is 1 year.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Iraq/Kuwait from 28 January to 8 August 2003 and from 16 January to 30 December 2005.
2. During the 1 year, 6 months, and 26 days of foreign service she served in Iraq and Kuwait, she participated in four campaigns and thus is entitled to wear four bronze service stars on her ICM.
3. Additionally, since she completed a 1 year tour in Iraq/Kuwait, she is entitled to award of the OSR and to have her foreign service of 1 year, 6 months, and
26 days reflected on her 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:
a. deleting the entry in item 12f (foreign service) of her DD Form 214 and adding 1 year, 6 months, and 26 days;
b. adding to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 the OSR and four bronze service stars for wear on her Iraq Campaign Medal; and
c. adding to item 18 (Remarks) of her DD Form 214 the entry, "Kuwait/Iraq from 28 January to 8 August 2003."
_______ _ _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) AR20090009318
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090009318
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130007060
Application for correction of military records (with supporting documents provided, if any). He provides: a. a DA Form 4187, dated 11 March 2004, showing he was recommended for award of the Purple Heart for a wound he received in action in Iraq on 12 February 2004 while assigned to Company D, 15th FSB, 1st Cavalry Division; b. medical records, dated 12 February 2004, showing he received medical treatment for his wound; and c. a DA Form 638 showing he was awarded the ARCOM for service in...
ARMY | BCMR | CY2010 | 20100028957
His DD Form 214 contains the following information: * Item 12f (Foreign Service) shows he completed 3 years, 7 months, and 6 days of foreign service * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized to wear the: * Army commendation Medal * Army Achievement Medal * Valorous Unit Award * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Expeditionary Medal (GWOTEM) * Global War on...
ARMY | BCMR | CY2011 | 20110009970
He states his DD Form 214 only shows he served in Iraq from 21 June to 26 August 2002; however, he did not complete basic combat training until 19 December 2002. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) is awarded to members who served in direct support of Operation Iraqi Freedom (OIF). The evidence of record shows the applicant misread item 18 of his DD Form 214.
ARMY | BCMR | CY2013 | 20130011712
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal (AAM) (2nd Award), Korea Defense Service Medal (KDSM), Iraq Campaign Medal (ICM), Valorous Unit Award (VUA), and Army Good Conduct Medal (AGCM) and her deployment to Iraq. Therefore, as a matter of equity she should be awarded the AGCM (1st Award) for the period 19 July 2001-18 July 2004 and it should be added to her DD Form 214. The...
ARMY | BCMR | CY2010 | 20100026337
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his second tour of duty in Iraq in item 12f (Foreign Service) and any awards and decorations to which he is entitled in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized). Evidence shows that during his second deployment he served a qualifying period of service in Iraq for award of a second OSR. As a result, the Board...
ARMY | BCMR | CY2009 | 20090011310
The applicant requests correction of her records to show she was awarded three bronze service stars instead of two bronze service stars with her Iraq Campaign Medal. The applicant states that she served in Iraq from 14 March 2003 to 18 March 2004 and 12 August 2008 to 12 June 2009 and that these periods of service would qualify her for three bronze service stars instead of two. Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19...
ARMY | BCMR | CY2014 | 20140010164
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * her deployment to Iraq * additional 2 months and 3 days in item 12f (Foreign Service) * award of the: * Global War on Terrorism Service Medal (GWOTSM) * Global War on Terrorism Expeditionary Medal (GWOTEM) * Korea Defense Service Medal (KDSM) * Overseas Service Ribbon (OSR) (2nd Award) 2. The evidence of record shows she served on active duty on 11 September 2001 and for...
ARMY | BCMR | CY2014 | 20140015603
Item 12f (Foreign Service) of his DD Form 214 shows he completed 11 months and 9 days of foreign service. This information is accepted as sufficient evidence with which to amend item 18 of the his DD Form 214 to show he served in Kuwait/Iraq from 1 January to 31 December 2009 and thereby add a period of 1 year of foreign service to item 12f of his DD Form 214. As such, it would be appropriate to amend his DD Form 214 to show the OSR (2nd Award).
ARMY | BCMR | CY2013 | 20130014491
Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) is awarded to members who served in direct support of Operation Iraqi Freedom. Since there is no evidence of record and he provided no evidence showing he deployed to Africa, there is insufficient evidence on which to base adding this deployment to his DD Form 214. His DD Form 214 shows he served in Iraq from 1 April 2003 to 30 June 2004.
ARMY | BCMR | CY2013 | 20130018688
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal (ARCOM), Iraq Campaign Medal (ICM), Overseas Service Ribbon (OSR), and the Global War on Terrorism Expeditionary Medal (GWOTEM). Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility...