IN THE CASE OF:	  

		BOARD DATE:	  4 February 2010

		DOCKET NUMBER:  AR20090009955 


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 his 2005 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding the Combat Infantryman Badge (CIB), Noncommissioned Officer Professional Development Ribbon (NCOPDR), and a second award of the Overseas Service Ribbon (OSR). He also requests that he be issued the Iraq Campaign Medal (ICM) that is shown on his DD Form 214. 

2.  The applicant states, in effect, he has recently become active in the Veterans of Foreign Wars and the local Department of Veterans Affairs (VA); therefore, he wants all his awards reflected in his permanent record.  He claims he discovered the errors in his record and on DD Forms 214 when he submitted a request to the National Personnel Records Center (NPRC) for a records review.  He states he served honorably in peacetime and during war time, and that he just wants his legacy to be honorable and accurate.  

3.  The applicant provides the following documents in support of his request:  NPRC letter, dated 25 May 2009; CIB orders, dated 6 February 2005; DA Form 1059 (Service School Academic Evaluation Report), dated 9 August 2003; DD Forms 214, dated 26 November 2005 and 11 August 1995; and DD Form 215 (Correction to DD Form 214), dated 27 September 2006.  

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 record shows he initially enlisted in the Regular Army and entered active duty on 28 October 1992.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Infantryman).

3.  On 11 August 1995, he was honorably released from active duty (REFRAD) and transferred to the United States Army Reserve (USAR).  The DD Form 214 issued to him at that time shows he completed 2 years, 9 months, and 14 days of creditable active service.  It also indicates he completed no overseas service during this period.  

4.  The applicant's record contains a DA Form 1059, dated 9 August 2003, which show he completed the Primary Leadership Development Course (PLDC) on 
9 August 2003.   

5.  The applicant subsequently enlisted the Army National Guard (ARNG) and on 
14 June 2004, while serving in that status, he was ordered to active duty in support of Operation Iraqi Freedom.  

6.  The applicant's record contains Headquarters, 42nd Infantry Division Permanent Orders Number 284-48, dated 11 October 2005, which awarded the applicant the CIB for participation in combat operations under enemy hostile fire during the liberation of Iraq on 6 February 2005.

7.  On 26 November 2005, the applicant was REFRAD and returned to his ARNG unit.  The DD Form 214 issued to him at that time shows he completed 1 year, 5 months, and 13 days of active creditable active military service during this period.  Item 12f (Foreign Service) shows he completed 11 months and 5 days of foreign service. 

8.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's 26 November 2005 DD Form 214 shows he earned the following awards:  Parachutist Badge, Army Commendation Medal, Army Achievement Medal (3rd Award), Army Good Conduct Medal, Army Reserve Components Achievement Medal (2nd Award), National Defense Service Medal (2nd Award), Humanitarian Service Medal, Army Service Ribbon, OSR, Armed Forces Reserve Medal with “M” Device, Expert Infantryman Badge, Global War on Terrorism Service Medal (GWOTSM), and ICM.  Item 18 (Remarks) includes an entry which shows he served in Kuwait/Iraq from 23 November 2004 to 27 October 2005.

9.  On 27 September 2007, the applicant was issued a DD Form 215 to correct items 12d, 12e and 13 on his 26 November 2005 DD Form 214.  This DD Form 215 shows he was authorized the Overseas Service Bar (2nd Award).  

10.  The NPRC letter, dated 25 May 2009, which the applicant provided shows he is authorized the OSR with Numeral 2, which denotes two awards of the OSR. This letter does not list the CIB, NCOPDR, or ICM.

11.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 5-4 provides guidance on the award of the OSR.  Paragraph 5-4 contains guidance on the OSR.  It states, in pertinent part, that it is authorized for completion of normal overseas tours as defined in Army Regulation 614-30 (Overseas Service).  Numerals are used to denote the second and subsequent awards of the OSR.  Table 3-2 of Army Regulation 614-30 identifies tour completion criteria and states, in pertinent part, that in order to receive tour credit for temporary change of station/temporary duty service in isolated areas where tour lengths have not been established (Iraq/Afghanistan), a member must complete 11 cumulative months in a 24-month period or 9 continuous months.

12.  Paragraph 5-6 of Army Regulation 600-8-22 states that effective 1 August 1981 all Active Army, Army National Guard and Army Reserve Soldiers in an active status are eligible for this award for satisfactory completion of designated Noncommissioned Officer Education System (NCOES) or Reserve Component-NCOES courses.  The primary level includes PLDC.

13.  The Department of Defense issued a directive designating the following four qualifying phases of Operation Iraqi Freedom: Liberation of Iraq from 19 March 2003 to 1 May 2003; Transition of Iraq from 2 May 2003 to 28 June 2004; Iraqi Governance from 29 June 2004 to 15 December 2005; and National Resolution from 16 December 2005 to a date to be determined.  A bronze service star, affixed to the Iraq Campaign Medal, denotes each qualifying phase.  The applicant served during one phase and he is entitled to one bronze service star.


14.  The applicant requested that he be issued the ICM that is shown on his 
26 November 2006 DD Form 214.  The ABCMR does not issue medals.  The applicant may receive the awards shown on his DD Form 214 by submitting a request via a letter or the Standard Form (SF) 180 (Request Pertaining to Military Records) to the following address: National Personnel Records Center, ATTN:  Army Reference Branch, 9700 Page Avenue, St. Louis, Missouri 63132-5100.  Requests must include a copy of the DD Form 214 and any other supporting documentation to substantiate the request.  The SF 180 can be found at http://www.archives.gov.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show he earned the CIB and NCOPDR was carefully considered and found to have merit. The applicant's record contains orders that awarded him the CIB and a DA Form 1059 that confirms he completed PLDC which makes him eligible for the NCOPDR.  As a result, it would be appropriate to correct his DD Form 214 to include these awards. 

2.  The applicant is also authorized one bronze service star to be worn on the ICM.

3.  The applicant's contention that his DD Form 214 should be corrected to show a second award of the OSR was also carefully considered.  However, the evidence of record confirms the applicant completed a tour in Iraq and received the OSR for completion of this tour.  Notwithstanding the 2009 NPRC letter he provides, which indicates he is eligible for the OSR second award, his record documents no other overseas service/tour completion during either his first period of active service between 1992 and 1995, or during his subsequent Reserve Component service.  Therefore, there is an insufficient basis to support correction of his DD Form 214 to show a second award of the OSR. 

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 adding the CIB, NCOPDR and one bronze service star to be worn on the ICM to his 26 November 2005 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 a second award of the OSR.




      _______ _   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)                                         AR20090009955



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ABCMR Record of Proceedings (cont)                                         AR20090009955



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