BOARD DATE: 26 April 2012
DOCKET NUMBER: AR20110021326
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 the Combat Infantryman Badge (CIB), Overseas Service Ribbon (OSR), and any other awards he may have earned.
2. He states when he came back home his CIB was not listed on his DD Form 214.
3. He provides his DD Form 214 and orders.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the New York Army National Guard (ARNG) on
25 February 2005 and he entered initial entry training on 6 April 2005. He completed the training requirements, was awarded military occupational specialty 11B (Infantryman), and released to his ARNG unit on 22 July 2005.
2. On 17 January 2008, he entered active duty in support of Operation Enduring Freedom as a member of Troop B, 2d Squadron, 101st Cavalry.
3. He was honorably released from active duty on 23 January 2009. The DD Form 214 issued at that time shows he served in Afghanistan from 4 April 2008 to 2 January 2009. This DD Form 214 shows he was awarded or authorized the:
* Afghanistan Campaign Medal with one bronze service star
* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* North Atlantic Treaty Organization Medal
4. He provides Permanent Orders 302-003, issued by the Combined Security Transition CommandAfghanistan, Kabul, Afghanistan, dated 28 October 2008, which show he was awarded the CIB for engaging in active ground combat on 21 June 2008.
5. Army Regulation 600-8-22 (Military Awards) states the OSR was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the active Army, ARNG, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.
6. According to the Awards and Decorations Branch at the U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense. Soldiers who serve 9 continuous months in Iraq or Afghanistan get credit for a completed short tour. Rules 6 and 8 of Table 3-2, Army Regulation 614-30 (Overseas Service) apply. Information received from the U.S. Army Human Resources Command on 29 November 2011 stated they were provided guidance from G-1 in January 2006 to award short tour credit to those Soldiers who served a combat deployment/operational deployment (non-combat) tour for 9 months or 8 months and 16 days or more. Therefore, the OSR may be granted if the applicant served at least 8 months and 16 days on his/her tour.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the CIB. Therefore, he is entitled to correction of his DD Form 214 to show this badge.
2. He served in Afghanistan more than 8 months and 16 days. Therefore, he is entitled to correction of his DD Form 214 to show the OSR.
3. A review of his record failed to reveal that he is entitled to any additional awards or decorations not shown on his DD Form 214.
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 CIB and OSR to his DD Form 214 for the period ending 23 January 2009.
2. The Board further determined that 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 awards other than those listed above.
_______ _ _______ ___
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) AR20110021326
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ABCMR Record of Proceedings (cont) AR20110021326
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