IN THE CASE OF:	  

		BOARD DATE:	  29 March 2011

		DOCKET NUMBER:  AR20100026582 


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 a third award of the Overseas Service Ribbon.

2.  The applicant states he did not receive his Overseas Service Ribbon for his deployment in support of Operation Enduring Freedom (OEF) from 2004 to 2005. He had previously received one award for his service in Germany and a second award for his deployment in support of Operation Iraqi Freedom (OIF) from 2007 to 2008.  

3.  The applicant provides: 

* DD Form 214 for the period ending on 18 August 1995
* DD Form 214 for the period ending on 31 July 2005
* DD Form 214 for the period ending on 26 June 2008
* 2004 orders to active duty in support of OEF
* 2007 orders to active duty in support of OIF
* Certificate for award of the Army Achievement Medal
* Statement of former wartime service

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Army National Guard (ARNG) on 11 July 1989.  He entered active duty for training (ADT) on 26 June 1990, completed training and was awarded military occupational specialty (MOS) 13E (Cannon Fire Direction Specialist).  He was released from ADT on 31 October 1990.

2.  Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period shows the:  Army Service Ribbon and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

3.  He was honorably discharged from the ARNG on 1 October 1991 and enlisted in the Regular Army on 2 October 1991.  He served in Germany for 5 months and 16 days from 5 October 1991 to 20 March 1992.  He was honorably released from active duty on 18 August 1995.  

4.  Item 13 of his DD Form 214 for this period shows the:  Army Lapel Button, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Noncommissioned Officer (NCO) Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  He enlisted in the ARNG on 8 July 2003 and held MOS 11B (Infantryman).  He was ordered to active duty in support of OEF on 1 March 2004 and subsequently served in Afghanistan for 1 year and 9 days from 7 July 2004 to 15 July 2005.  He was honorably released from active duty on 31 July 2005.  

6.  Item 13 of his DD Form 214 for this period shows the:  Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal (2nd Award), Afghanistan Campaign Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with "M" Device, NCO Professional Development Ribbon, Army Service Ribbon, and Combat Action Badge.

7.  He was ordered to active duty in support of OIF on 23 June 2007 and subsequently served in Kuwait/Iraq for 6 months and 26 days from 26 September 2007 to 21 April 2008 during which he executed a 1-year extension of his ARNG enlistment on 7 July 2006 followed by a 6-year reenlistment in the ARNG on 5 February 2008.  He was honorably released from active duty on 26 June 2008. 

8.  Item 13 of his DD Form 214 for this period shows the:  Army Commendation Medal (2nd Award), Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal (2nd Award), Afghanistan Campaign Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, NCO Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Armed Forces Reserve Medal with "M" Device, and Combat Action Badge.

9.  He was discharged from the ARNG on 22 October 2010 to accept an appointment as a Reserve commissioned officer.  He was subsequently appointed as a second lieutenant in the ARNG and executed an oath of office on 23 October 2010.

10.  He submitted a statement of wartime service, dated 18 January 2008, issued by an unknown official of the 787th Combat Sustainment Support Battalion, Al Asad Airbase, Iraq, authorizing him the Overseas Service Ribbon for his service in Iraq from 16 September 2007 to 12 April 2008. 

11.  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 will be used to denote second and subsequent awards of the Overseas Service Ribbon.

12.  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 or Afghanistan 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 DOD; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded three awards of the Overseas Service Ribbon.  

2.  The available evidence confirms the applicant served in Germany for 5 months and 16 days from 5 October 1991 to 20 March 1990.  Although he did not complete a prescribed tour, he appears to have been awarded the Overseas Service Ribbon which is reflected on his DD Form 214 ending on 18 August 1995.

3.  He served in Afghanistan in support of OEF for 1 year and 9 days from 7 July 2004 to 15 July 2005.  This period of service would have qualified him for a second award of the Overseas Service Ribbon.  However, his DD Form 214 for the period ending on 31 July 2005 did not reflect this award.  

4.  Additionally, he served in Kuwait/Iraq for 6 months and 26 days from 26 September 2007 to 21 April 2008.  This period of foreign serve did not qualify him for award the Overseas Service Ribbon as it was less than 9 continuous months; yet, his DD Form 214 for the period ending on 26 June 2008 listed two awards of the Overseas Service Ribbon, the second one for his previous service in Afghanistan.  

5.  Notwithstanding the statement of former wartime service he submitted, his service in Iraq did not qualify him for a third award of the Overseas Service Ribbon.  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.
ABCMR Record of Proceedings (cont)                                         AR20100026582



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ABCMR Record of Proceedings (cont)                                         AR20100026582



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