IN THE CASE OF:	  

		BOARD DATE:  29 August 2013

		DOCKET NUMBER:  AR20130002076 


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) for the period ending 23 October 2008 to show the Overseas Service Ribbon with Numeral "2."

2.  The applicant states he was awarded the Overseas Service Ribbon for his tour in Iraq from 2003 - 2004; however, he was not awarded the numeral "2" when he completed his tour in Afghanistan from 2007 - 2008.

3.  The applicant provides:

* his DD Forms 214 for the period ending 13 December 2005 and
23 October 2008
* his deployment/redeployment order to/from Afghanistan

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, a U.S. Army Reserve (USAR) commissioned officer, was ordered to extended active duty on 14 December 2001.  He deployed to Iraq in support of Operation Iraqi Freedom during the period 3 September 2003 through 23 August 2004.  He served on active duty until he was honorably released from active duty (REFRAD) on 13 December 2005 at the completed of required active service in the rank of captain.  He completed 4 years of net active service this period and he was transferred to the USAR Control Group (Reinforcement), St. Louis, MO.  The DD Form 214 he was issued at the time shows among other awards the:

* Iraq Campaign Medal
* Overseas Service Ribbon

3.  On 20 September 2007, while serving as a commissioned officer in the District of Columbia Army National Guard (DCARNG), he was ordered to active duty in support of Operation Enduring Freedom.  He deployed to Afghanistan during the period 24 December 2007 - 25 September 2008, a period of
8 months and 27 days.  On 23 October 2008, he was honorable REFRAD at the completion of required active service.  The DD Form 214 he was issued at the time shows among other awards the:

* Iraq Campaign Medal
* Afghanistan Campaign Medal
* Overseas Service Ribbon

4.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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.  Numerals, beginning with numeral "2," 


are used to denote the second and subsequent awards of the Overseas Service Ribbon.

	b.  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 Overseas Service Ribbon may be granted if the applicant served at least 8 months and 16 days on his/her tour.

	c.  The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom.  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 11 September 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  During his service in Afghanistan he participated in the Consolidation II (1 October 2006 - 30 November 2009) campaign.

	d.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  During his service in Iraq he participated in the following two campaigns.

* Transition of Iraq (2 May 2003 - 28 June 2004)
* Iraqi Governance (29 June 2004 - 15 December 2005)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions and supporting documents have been noted and appear to have merit.

2.  The applicant participated in one campaign that entitles him to one bronze service star for wear on his already-awarded Afghanistan Campaign Medal.  
Therefore, his DD Form 214 for the period ending 23 October 2008 should be corrected to show this bronze service star.


3.  The applicant participated in two campaigns that entitle him to two bronze service stars for wear on his already-awarded Iraq Campaign Medal.  Therefore, his DD Form 214 for the period ending 23 October 2008 should be corrected to show these bronze service stars.

4.  The applicant was credited with two overseas tour completions.  Therefore, he is entitled to the numeral "2" for wear on his already-awarded Overseas Service Ribbon and correction of his DD Form 214 for the period ending 23 October 2008 to show this numeral.

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:

* deleting from his DD Form 214 for the period ending 23 October 2008 the Iraq Campaign Medal and replacing it with Iraq Campaign Medal with one bronze service star
* deleting from his DD Form 214 for the period ending 23 October 2008 the Afghanistan Campaign Medal and replacing it with the Afghanistan Campaign Medal with two bronze service stars
* deleting from his DD Form 214 for the period ending 23 October 2008 the Overseas Service Ribbon and replacing it with the Overseas Service Ribbon with numeral "2."



      _______ _  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)                                         AR20130002076



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ABCMR Record of Proceedings (cont)                                         AR20130002076



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