IN THE CASE OF:
BOARD DATE: 18 March 2010
DOCKET NUMBER: AR20090017193
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 6 May 2008 to show the Overseas Service Ribbon with Numeral 2 and the Combat Action Badge.
2. The applicant states that he earned these awards and they are not on his DD Form 214.
3. The applicant provides a memorandum for award of the Overseas Service Ribbon, dated 26 January 2006; orders for the Combat Action Badge, and a copy of his DD Form 214 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was ordered to active duty from the Army National Guard on
14 June 2004 in support of Operation Iraqi Freedom. He served in Iraq from
24 November 2004 to 28 October 2005 (a total of 11 months and 5 days). On
6 May 2008, the applicant was retired and placed on the Temporary Disability Retired List (TDRL) the following day. He was removed from the TDRL on 2 November 2009 and permanently retired (50 percent).
2. The applicant's DD Form 214 for the period ending 6 May 2008 shows the Army Commendation Medal, the Army Good Conduct Medal, the Army Reserve Components Achievement Medal (4th Award), the National Defense Service Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Armed Forces Reserve Medal, the Armed Forces Reserve Medal with "M" Device, and the Driver and Mechanic Badge with Driver Wheeled Vehicle Clasp as authorized awards. Item 12f (Foreign Service) on his DD Form 214 shows he completed 11 months and 5 days of foreign service.
3. The applicant provided a memorandum, dated 26 January 2006, which states, in pertinent part, request award of the Overseas Service Ribbon for the Soldiers listed on the attached roster. However, the roster is not available. This memorandum also states that each Soldier deployed with the 1st Battalion, 128th Infantry in support of Operation Iraqi Freedom has met the qualifications to be credited for a complete overseas tour.
4. Headquarters, 42nd Infantry Division Permanent Orders 280-17, dated
7 October 2005, show the applicant received the Combat Action Badge for actively engaging or being engaged by the enemy on 31 January 2005 in Iraq. These orders also show he was assigned to Troop K, 1st Battalion, 128th Infantry, 1st Brigade Combat Team.
5. There is no evidence of record which shows the applicant completed a second overseas tour.
6. Army Regulation 600-8-22 (Military Awards) states 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. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.
7. A Frequently Asked Questions document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan. The document states "Question: How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon? Answer: Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service). Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office: Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour. Your reference is Army Regulation 614-30, Tables 3-2, rules 5 and 7. Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."
DISCUSSION AND CONCLUSIONS:
1. Although the applicant requests award of the Overseas Service Ribbon with Numeral 2, based on his service in Iraq, he is eligible for one award of the Overseas Service Ribbon. There is no evidence of record which shows the applicant completed a second overseas tour. Therefore, his DD Form 214 for the period ending 6 May 2008 should be corrected to show one award of the Overseas Service Ribbon.
2. Orders show the applicant received the Combat Action Badge. Therefore, his DD Form 214 for the period ending 6 May 2008 should be corrected to show this badge.
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 Overseas Service Ribbon and the Combat Action Badge on his
DD Form 214 for the period ending 6 May 2008.
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 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) AR20090017193
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ABCMR Record of Proceedings (cont) AR20090017193
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