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ARMY | BCMR | CY2010 | 20100025769
Original file (20100025769.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100025769 


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, correction of his DD Form 214 to show award of the Overseas Service Ribbon. 

2.  The applicant states he was not awarded the Overseas Service Ribbon for his service in Kuwait from 1 April to 3 December 2008.  He further states Army Regulation 600-8-22 (Military Awards) shows the Overseas Service Ribbon is awarded to members of the U.S. Army for successful completion of overseas tours.

3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Having had prior active service, the applicant's records show he entered active duty as a member of his Army National Guard (ARNG) unit in support of Operation Iraqi Freedom (OIF) on 3 January 2008.  He served in Kuwait for 8 months and 2 days from 4 April to 5 December 2008.  He was honorably released from active duty on 30 December 2008 and transferred to the Ohio ARNG.

2.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All Periods of Service)) of his DD Form 214 shows the Meritorious Service Medal, Army Commendation Medal, Army Achievement Medal (4th Award), Army Good Conduct Medal (3rd Award), Army Reserve Components Achievement Medal (7th Award), National Defense Service Medal with Bronze Service Star, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Noncommissioned Officer Professional Development Ribbon (3rd Award), Army Service Ribbon, Armed Forces Reserve Medal with "M" Device, and the Army National Guard Recruiter Badge.

3.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  

4.  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 Kuwait, Iraq, or Afghanistan.  The document states "Question:  How long do I have to serve in Kuwait, Iraq, or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  The proponent to Army Regulation 614-30 has provided our office the following clarification statement:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq, Kuwait, or Afghanistan in a temporary change of station/tour of duty status get credit for a complete short tour.  

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant served in Kuwait in support of OIF for 8 months and 2 days from 4 April to 5 December 2008.  This period of foreign serve does not qualify him for award the Overseas Service Ribbon as it was less than 9 continuous months.  Therefore, he is not entitled to the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case 


are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   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.

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ABCMR Record of Proceedings (cont)                                         AR20100025769



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