IN THE CASE OF:	  

		BOARD DATE:	  15 December 2009

		DOCKET NUMBER:  AR20090010271


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 a third award of the Overseas Service Ribbon (OSR) and the Iraq Campaign Medal (ICM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that he served in Korea, Hawaii, and Iraq, which should entitle him to a third award of the OSR.  He also states he earned the ICM and a Global War on Terrorism (GWOT) medal for his service in Kuwait and Iraq.

3.  The applicant provides a Bronze Star Medal (BSM) certificate and Deployment Orders in support of his 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 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 was appointed a Reserve commissioned officer in the rank of second lieutenant on 2 May 1995.  He entered active duty on 21 November 1995.  It further shows he served in military occupational specialty 14B00 (Short Range Air Defense Artillery).

3.  The applicant's official military personnel file (OMPF) contains a 
DA Form 67-8 (Officer Evaluation Report (OER)) that covered the period 3 May 1996 through 2 May 1997 which shows the applicant served as an Avenger platoon leader in Korea during this period.

4.  The applicant's OMPF also contains an award certificates that show he earned two Army Commendation Medals (ARCOM) for meritorious service while serving in Hawaii between 1 June 1996 and 20 July 2000.

5.  The applicant's OMPF also contains an award certificate that shows he was awarded the BSM for meritorious service in support of Operation Iraqi Freedom (OIF) during the period from 13 February 2003 through 1 May 2003.  It also contains an award certificate that shows he was awarded the BSM for meritorious service in support of OIF during the period from 13 February 2003 through 1 May 2003.

6.  On 1 December 2003, the applicant was honorably discharged in the rank of captain after completing 8 years and 11 days of active military service.  Item 12f (Foreign Service) of the DD Form 214 he was issued at the time contains the entry "0004  01  00" and item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:  BSM, ARCOM (3rd Award), Army Achievement Medal, National Defense Service Medal, OSR (2nd Award), Parachutist Badge, Air Assault Badge, and Ranger Tab.

7.  A review of the applicant's Defense Finance and Accounting Service military pay record shows he was entitled to imminent danger pay (IDP)/hostile fire pay (HFP) from 13 February 2003 to 6 May 2003.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  A bronze service star is authorized with this award for each Iraq campaign a member is credited with participating in. 
During the applicant's tenure of assignment, participation credit was granted for the Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004) campaigns.

9.  Paragraph 2-18 of Army Regulation 600-8-22 contains guidance on the GWOT Expeditionary Medal (GWOTEM).  It states that this award is authorized to members who deployed abroad for service in GWOT operations on or after 11 September 2001 to a date to be determined.  Service must have been for at least 30 consecutive days or 60 nonconsecutive days and in support of OEF/OIF.  Iraq was an eligible area of eligibility (AOE) through 18 March 2003.

10.  Paragraph 2-19 of Army Regulation 600-8-22 contains guidance on award of the GWOT Service Medal (GWOTSM).  It states, in pertinent part, that it is authorized to members who have participated in the GWOT operations outside of the designated AOE for the GWOTEM on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, during the qualifying period having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

11.  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).

12.  Army Regulation 614-30 provides policy and guidance on the eligibility and selection criteria for overseas service and establishment of tour lengths for overseas areas.  Table 3-2 contains guidance on award of tour credit and states, in pertinent part, that in order to receive tour credit for temporary change of station (TCS)/temporary duty (TDY) 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.

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for preparing the DD Form 214.  The instructions for item 12f state to enter the total amount of foreign service completed during the period covered by the DD Form 214 and item 18 (Remarks) specifies, in pertinent part, that for active duty Soldiers deployed with his or her unit, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be included.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded a third OSR was carefully considered.  However, there is insufficient evidence to support this claim.  The applicant is eligible for the OSR (2nd Award) based on his completion of overseas tours in Korea and Hawaii.  However, in order to receive completed tour credit and be eligible for the OSR for Iraq, a member must complete 11 cumulative months of TCS/TDY service in a 24-month period or 9 continuous months of TCS/TDY service.  The evidence of record shows the applicant only served in Iraq for 2 months and 24 days from 13 February 2003 through 6 May 2003.  As a result, he is not eligible for the OSR for his Iraq service.

2.  The evidence of record confirms the applicant did satisfy the regulatory criteria necessary to be eligible for the GWOTEM for his service in Iraq during the period 13 February 2003 through 18 March 2003 and for the ICM with two campaign stars based on his service in Iraq from 19 March 2003 through 6 May 2003.  Further, based on his qualifying active duty service outside of an authorized AOE after 11 September 2001, he is also eligible for the GWOTSM.  As a result, it would be appropriate to add these awards to his record and DD Form 214 at this time.

3.  The evidence of record also confirms the 4 years and 1 month of foreign service the applicant completed in Korea and Hawaii is reflected in item 12f of his DD Form 214; however, the 2 months and 24 days of foreign service he completed in Iraq is not included in the total reflected in item 12f or documented with an entry in item 18 of his DD Form 214  Therefore, it would be appropriate to amend his DD Form 214 by deleting the current entry in item 12f and replacing it with the entry "0004 03 24" and by adding the entry "SERVICE IN IRAQ FROM 20030213-20030506" to item 18.

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 amending his DD Form 214 as follows:

	a.  item 12f - delete the current entry and replace it with the entry "0004 03 24";

	b.  item 13 - add the Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Expeditionary Medal, and Global War on Terrorism Service Medal; and

	c.  item 18 - add the entry "SERVICE IN IRAQ FROM 20030213-20030506."

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 a third OSR based on service in Iraq.



      ___________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)                                         AR20090010271



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090010271



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1