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ARMY | BCMR | CY2011 | 20110015923
Original file (20110015923.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:  22 February 2012

		DOCKET NUMBER:  AR20110015923 


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 1 September 2008 to show the Iraq Campaign Medal and a second Overseas Service Ribbon.

2.  He states he served in Iraq during the period 25 August 2007 to 7 November 2007 at which time he was medically evacuated.  During separation processing he was told he did not qualify for the Iraq Campaign Medal or a second award of the Overseas Service Ribbon.  A review of the pertinent regulations shows this to be in error.  The person handling his out processing indicated that being medically evacuated meant that he did not have a successful tour. 

3.  He provides:

* his DD Form 214 in question
* his DD Form 215 (Correction to DD Form 214), dated 20 July 2010
* his DD Form 214 for the period ending 13 January 2003
* photocopy of an email related to his medical evacuation  

CONSIDERATION OF EVIDENCE:

1.  He was ordered to active duty from the U.S. Army Reserve on 11 June 2007 in support of Operation Iraqi Freedom.  He served on active duty until his separation on 1 September 2008 due to retirement for temporary disability.  His DD Form 214 for this period shows he completed 1 year, 2 months, and 21 days of active service.
2.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period does not show the Iraq Campaign Medal and shows only one Overseas Service Ribbon:

3.  Item 18 (Remarks) of his DD Form 214 for this period shows he served in Iraq during the period 25 August 2007 through 8 November 2007.

4.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of Operation Iraqi Freedom.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include Iraqi Surge (10 January 2007-31 December 2008).

5.  Army Regulation 600-8-22 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.

6.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq is considered an isolated area where tour lengths have not been established by the Department of Defense.  Soldiers who served a combat deployment/ operational deployment (non-combat) tour for 9 months or 8 months and 16 days or more receive credit for a completed short tour.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Iraq from 25 August 2007 through 8 November 2007, which is a qualifying period of service that entitles him to the Iraq Campaign Medal.  He participated in one campaign during this period of service.  Therefore, his is entitled to the Iraq Campaign Medal with one bronze service star and to have this award added to his DD Form 214 in question.

2.  There is no evidence to support his having served at least 8 months and 16 days or more in Iraq to qualify for credit for a completed short tour.  As such, there is an insufficient basis for a second award of the Overseas Service Ribbon.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X __  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends the Department of the Army records of the individual concerned be corrected by   adding to item 13 of his DD Form 214 for the period ending 1 September 2008 the Iraq Campaign Medal with one bronze service star.

2.  The Board further determined the evidence presented was 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)                                         AR20110015923



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ABCMR Record of Proceedings (cont)                                         AR20110015923



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