IN THE CASE OF:
BOARD DATE: 19 November 2009
DOCKET NUMBER: AR20090011141
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 award of the Overseas Service Ribbon and the Expert Infantryman Badge.
2. The applicant states that he served in Alaska and he was awarded the Expert Infantryman Badge.
3. The applicant provides a copy of his DD Form 214 and a copy of Headquarters, 172nd Infantry Brigade (Separate), Fort Wainwright, AK, Permanent Orders 259-36, dated 16 September 2002, 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 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. On 20 June 2001, the applicant enlisted in the Regular Army (RA). He completed his initial training and he was awarded military occupational specialty (MOS) 11B (Infantryman).
3. On 24 November 2001, the applicant was assigned for duty at Fort Wainwright, for duty as an infantryman.
4. Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record -Part II) shows that the applicant was assigned to a
36-month tour of duty in Alaska beginning on 24 November 2001.
5. Permanent Orders 259-36, dated 16 September 2002, awarded the applicant the Expert Infantryman Badge.
6. On 4 April 2003, the applicant was discharged from active duty under the provisions of Army Regulation 635-200 (Personnel Separations Active duty Enlisted Administrative Separations), paragraph 14-12b, due to misconduct. He had attained the rank/grade of private first class (PFC)/E-3, and he had completed 1 year, 9 months, and 15 days of creditable active duty service.
7. The applicant completed 1 year, 4 months, and 11 days of his prescribed
3- month overseas tour in Alaska.
8. Item 12f (Foreign Service) of the applicant's DD Form 214 shows 1 year,
4 months and 11 days. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this same form does not show award of the Expert Infantryman Badge or the Overseas Service Ribbon.
9. 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. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to add the Overseas Service Ribbon and the Expert Infantryman Badge.
2. The available evidence shows that the applicant was assigned for overseas duty in Alaska. However, he only completed 1 year, 4 months, and 11 days of his 36-month tour, which does not qualify him for tour completion. Therefore, his request for award of the Overseas Service Ribbon should be denied.
3. Permanent orders show that the applicant was awarded the Expert Infantryman Badge. Therefore, his DD Form 214 should be corrected to show this award.
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 to Item 13 of his DD Form 214 the Expert Infantryman Badge.
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.
__________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) AR20090011141
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