BOARD DATE: 1 February 2011
DOCKET NUMBER: AR20100016509
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 record to show award of the Overseas Service Ribbon (OSR) with Numeral 2.
2. He states, in effect, because he received the Korea Defense Service Medal (KDSM) he was not authorized the OSR. At the time, the OSR was not authorized when another campaign or service medal was awarded.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and Orders 115-1038, issued by Headquarters, U.S. Army Aviation Center and Fort Rucker, on 25 April 2003.
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 served on active duty as a commissioned officer from 30 May 1998 to 1 August 2005.
3. His DD Form 214 shows:
* in item 12f (Foreign Service) 2 years, 6 months, and 6 days
* in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the KDSM and Kosovo Campaign Medal
* in item 18 (Remarks) the statement "Service in Kosovo from 2 November 2001 to 8 May 2002"
4. Officer evaluation reports for the rating periods 21 May 2003 to 20 May 2004 and 21 May 2004 to 31 December 2004 show he served in Korea while assigned to Headquarters and Headquarters Company, Eighth U.S. Army.
5. The record is void of documentation showing he was married or had dependents during his active duty service.
6. Army Regulation 600-8-22 (Military Awards) states the OSR is awarded for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the OSR.
7. Effective 11 January 2007, a revision of Army Regulation 600-8-22 eliminated the policy restricting award of the OSR when another campaign or service medal is authorized.
8. The Joint Federal Travel Regulation, appendix Q, establishes tour lengths for service members. It states the length of an unaccompanied tour in Korea is 12 months.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record supports the applicant's request for correction of his record to show award of the OSR with Numeral 2.
2. His DD Form 214 shows he completed 2 years, 6 months, and 6 days of foreign service with 6 months and 6 days of service in Kosovo. Although the available records do not fully document the remaining 2 years of foreign service, the preponderance of evidence indicates he completed two consecutive unaccompanied tours in Korea. Therefore, he is entitled to correction of his record to show he was awarded the OSR with Numeral 2.
BOARD VOTE:
____x___ ____x___ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 adding the OSR with numeral 2 to item 13 of his DD Form 214.
___________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) AR20100016509
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