IN THE CASE OF:	  

		BOARD DATE:	  1 November 2012

		DOCKET NUMBER:  AR20120007410 


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 the Overseas Service Ribbon (OSR) and Iraq Campaign Medal (ICM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

* He is missing the OSR for his deployment in Korea
* He is missing the ICM for his service in Operation Iraqi Freedom
* He earned these awards from both deployments but they were never on his DD Form 214  

3.  The applicant provides:

* DD Form 2796 (Post Deployment Health Assessment)
* Battalion order #219-03
* Service Member Deployment History Outprocessing Verification
* Certificate of Achievement
* Permanent change of station orders
* Release from active duty orders






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 enlisted in the Regular Army on 23 January 2002.  He served as a multichannel transmission systems operator/maintainer.  On 22 January 2006, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

3.  His DD Form 214 shows in:
	a.  Item 8b (Station Where Separated) he was separated from Camp Casey, Korea.
	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Good Conduct Medal
* National Defense Service Medal
* Korea Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
	
	c.  Item 18 (Remarks) no entry for deployed service.

4.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for service in Kuwait from 15 August 2003 through 23 March 2004.  



5.  He provided orders, dated 30 September 2004, which indicate he would proceed on permanent change of station to Camp Casey, Korea.  His reporting date is not available; however, his Enlisted Record Brief shows he was assigned to Camp Coiner, Korea on 21 December 2004.  These orders also state he was serving a 12-month "DEPENDENT RESTRICTED" tour.

6.  He provided orders, dated 30 September 2005, which state his final out processing would be conducted at the Camp Casey Transition Center.  His date of release from active duty was 22 January 2006.

7.  Army Regulation 600-8-22 (Military Awards) states the OSR is awarded for successful completion of overseas tours.

8.  Appendix B (Overseas Tour Restriction) of Army Regulation 614-30 (Overseas Service) states accompanied tours in Korea are controlled by the Commander, United Forces Korea.  Not all Soldiers are eligible to serve accompanied tours in those areas of Korea where accompanied tours are authorized.   Soldiers who are not approved to serve the 24-month accompanied tour will serve the unaccompanied 12-month dependent-restricted tour.

9.  Army Regulation 600-8-22 states the ICM is awarded to members who 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 ICM period of eligibility is on or after 19 March 2003 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation provides that for item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant completed an unaccompanied 12-month dependent-restricted tour in Korea which entitles him to the OSR.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Based on his service in Kuwait/Iraq, he is entitled to the ICM with one bronze service star.  Therefore, his DD Form 214 should be corrected to show this medal.

3.  The DFAS information is accepted as sufficient evidence on which to amend item 18 of his DD Form 214 to show he served in Kuwait/Iraq.  Therefore, item 
18 should be corrected to show he served in Kuwait/Iraq from 15 August 2003 through 23 March 2004.

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:

	a.  adding the ICM with one bronze service star and OSR to his DD Form 214; and 






	b.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030815 -20040323" to item 18 of his DD Form 214.      




      _______ _   __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)                                         AR20120007410





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ABCMR Record of Proceedings (cont)                                         AR20120007410



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