BOARD DATE: 4 September 2012
DOCKET NUMBER: AR20120004717
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 Valorous Unit Award and the Overseas Service Ribbon.
2. The applicant states that his unit, the 1st Battalion, 75th Ranger Regiment, was awarded the Valorous Unit Award for its participation in the rescue of Army Private First Class Jessica L____ in 2003. His DD Form 214 does not reflect this award. Additionally, he had over one year of foreign service through five combat deployments and his DD Form 214 does not contain the Overseas Service Ribbon.
3. The applicant provides a copy of an internet article showing the 1st Battalion, 75th Ranger Regiment received the Valorous Unit Award for its action in rescuing a prisoner of war in March 2003.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provided that applications for correction of military records must be filed with 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records to excuse an applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. A DD Form 215 (Correction to DD Form 214) issued on 26 April 2010 shows the Valorous Unit Award was added to item 13 of his DD Form 214. Additionally, item 12f (Foreign Service) of his DD Form 214 was corrected to show "0001 00 17" (indicating 1 year and 17 days of foreign service). These issues will not be further discussed in this record of proceedings. A copy of the DD Form 215 will be provided to him.
3. The applicant enlisted in the Regular Army on 31 July 2001. He held military occupational specialty (MOS) 11B (Infantryman).
4. The applicant was honorably released from active duty on 21 May 2005. He had completed 3 years, 9 months, and 21 days of net active duty service. His DD Form 214 shows in:
a. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): the Overseas Service Ribbon is not listed.
b. item 18 (Remarks):
* SOLDIER PARTICIPATED IN OPERATION ENDURING FREEDOM: AFGHANISTAN; 20020922 20021105 (1 month and 14 days); 20040330 20040707 (3 months and 8 days)
* PARTICIPATED IN OPERATION IRAQI FREEDOM: IRAQ; 20050104 20050405 (3 months and 2 days); 20030303 20030429 (1 month and 27 days); 20031010 20040103 (2 months and 24 days)
5. 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.
6. According to the Awards Branch at 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 11 cumulative months in a 24-month period or 9 months continuous 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).
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant served in Afghanistan for a total of 4 months and 22 days and in Iraq for a total of 7 months and 23 days. He did not serve a qualifying period in either location for award of the Overseas Service Ribbon. He also did not complete 11 or more months of cumulative overseas service within a 24-month period.
2. In view of the foregoing his request for award of the Overseas Service Ribbon should be denied.
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 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) AR20120001607
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120004717
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