IN THE CASE OF:	  

		BOARD DATE:  8 May 2012

		DOCKET NUMBER:  AR20110022093 


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 he be awarded the Overseas Service Ribbon (OSR) and Korea Defense Service Medal (KDSM). 

2.  The applicant states he should receive the OSR for his service in Kuwait between 2004 and 2005, and the KDSM for his service in Korea between 2001 and 2002.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), Enlisted Records Brief (ERB), and Army Commendation Medal (ARCOM) certificate in support of his application.  

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’s record shows he enlisted in the Regular Army on 16 June 1999, and was trained in and awarded military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic).  

3.  The applicant’s record shows he was deployed to and served in Kuwait for 
10 months and 29 days from 23 October 2004 through 21 October 2005.  It also shows he served in Korea from 17 April 2001 through 20 May 2002.  

4.  On 31 January 2006, the applicant was honorably released from active duty, in the rank of specialist/E-4, after completing 6 years, 7 months, and 15 days of active military service, of which 2 years, 1 months, and 2 days were served overseas. 

5.  The DD Form 214 he was issued upon his REFRAD does not include the OSR or KDSM.  Item 18 (Remarks) contains an entry indicating the applicant served in Kuwait from 23 October 2004 through 21 October 2005.  

6.  The applicant provides an ARCOM he earned for his meritorious service in support of Operation Iraqi Freedom while serving in Kuwait between 24 October 2004 and 19 October 2005. 

7.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy:

	a.  Paragraph 2-18 contains guidance on the Global War on Terrorism Expeditionary Medal (GWOTEM).  It states it is authorized for 30 consecutive or 60 non-consecutive days of service in an authorized area of eligibility (AOE) on or after 11 September 2001.  Kuwait is identified as a qualifying AOE;   

   b.  Paragraph 2-19 contains guidance on award of the Global War on Terrorism Service Medal (GWOTSM).  It states it is authorized for active duty service of 30 consecutive or 60 non-consecutive days performed outside of a qualifying AOE for the GWOTEM during the period from 11 September 2001 to a future date to be determined; 

	c.  Paragraph 2-20 contains guidance on the KDSM.  It states it is authorized for 30 consecutive or 60 non-consecutive days of service in Korea during the period from 28 July 1954 to a future date to be determined; and 

   d.  Paragraph 5-4 contains guidance on the OSR.  It states it is authorized for completion of a normal overseas tour.  It further states numerals will be used to denote second and subsequent awards of the OSR.  

8.  Department of the Army Personnel Policy Guidance for Overseas Contingency Operations contains personnel policy guidance for members mobilized/deployed for overseas contingency operations.  Paragraph 13-6d states the Overseas Service Ribbon (OSR) may be awarded to all members who are credited with a normal overseas tour.  Paragraph 13-6e states Soldiers who deploy to the CENTCOM AOR may be authorized award of tour credit if they serve 9 months in a continuous TCS/TDY status in an areas where the unaccompanied tour length is up to 18 months, or if they serve in an isolated area where tour lengths have not been established (see AR 614-30, table 3-2, Rule 8). If applicable, the Soldier is credited with a completed tour and awarded a new date of return from overseas (DROS). 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the OSR for his overseas service in Kuwait and the KDSM for his service in Korea has been carefully considered and found to have merit.  

2.  Army policy provides for granting normal overseas tour credit to members who complete 9 or more months of service in isolated areas for which a normal overseas tour length has not been established.  It also provides for awarding the OSR to members who complete a normal overseas tour.  In this case, the evidence of record confirms the applicant completed a normal overseas tour in Korea and 10 months and 29 days of service in Kuwait, which is an isolated area with no normal tour length established.  Therefore, it would be appropriate to show he is eligible for the OSR with Numeral 2 and to add this award to his record and DD Form 214. 

3.  The record also shows that based on his service in Korea, the applicant is eligible for the KDSM.  Further, based on his service in support of the Global War on Terrorism and in a qualifying AOE, Kuwait, he is eligible for the GWOTSM and GWOTEM.  As a result, it would also be appropriate to add these awards to his record and DD Form 214. 

BOARD VOTE:

____X___  ___X ___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 amending his DD Form 214 by adding the Overseas Service Ribbon with Numeral 2, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and Korea Defense Service Medal.  



      __________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)                                         AR20110022093



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ABCMR Record of Proceedings (cont)                                         AR20110022093



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