IN THE CASE OF:
BOARD DATE: 27 September 2012
DOCKET NUMBER: AR20120005635
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 reconsideration of the Board's denial of his previous request that his records show award of the Combat Action Badge and the Overseas Service Ribbon. As new issues, he requests the Army Achievement Medal (AAM) and Joint Service Achievement Medal (JSAM).
2. He states there was an error in the processing of the paperwork.
3. He provides no new evidence.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070003775 on 2 August 2007.
2. His statement that there was an error in the processing of the paperwork is a new argument, which requires that the Board reconsider his request.
3. His records show he enlisted in the Regular Army on 29 July 2002. He completed training and was awarded the military occupational specialty of 13F (Fire Support Specialist). He served in Iraq during the period 19 April 2003 through 31 January 2004.
4. In regard to his request for the Combat Action Badge, the applicant has not provided evidence he has exhausted the administrative remedy available to him. His original record of proceedings stated he was notified by separate correspondence regarding submission of his request for award of the Combat Action Badge to the Commanding General, U.S. Army Human Resources Command (HRC). As a result, the Combat Action Badge requested by the applicant will not be discussed further in these proceedings.
5. He was honorably discharged from active duty on 15 December 2005. He completed 3 years, 4 months, and 17 days of creditable active service.
6. His DD Form 214 and correction to his DD Form 214 do not show the Overseas Service Ribbon.
7. His records are void of any orders or other documents that indicate he was ever recommended for or awarded the AAM or JSAM.
8. Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon is awarded for successful completion of overseas tours. According to the Awards Branch at HRC, 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.
9. Army Regulation 600-8-22 provides that the AAM is awarded to any member of the Armed Forces of the United States, on or after 1 August 1981, who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal.
10. Army Regulation 600-8-22 states the JSAM was authorized by the Secretary of Defense on 3 August 1983. It is awarded to members of the Armed Forces of the United States below the grade of O-6 who, after 3 August 1983, distinguished themselves by meritorious achievement or service.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows he served in Iraq for more than 9 consecutive months. As such, based on recent HRC Awards Branch guidance he is entitled to have the Overseas Service Ribbon added to his DD Form 214.
2. In regard to the AAM and JSAM, he has not demonstrated that he is authorized these awards. As such, he is not entitled to have these awards added to 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 partial relief is warranted.
2. In regard to the request for reconsideration, the Board determined the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR20070003775, dated 2 August 2007. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Overseas Service Ribbon to his DD Form 214.
3. In regard to the new issues, the Board determined the evidence presented is insufficient to warrant granting relief. As a result, the Board recommends denial of so much of the application that pertains to the AAM and JSAM.
_______ _ _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) AR20120005635
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ABCMR Record of Proceedings (cont) AR20120005635
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