IN THE CASE OF:
BOARD DATE: 19 September 2013
DOCKET NUMBER: AR20130003067
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 Army Service Ribbon be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 2 January 2003.
2. The applicant states he was awarded the above ribbon at the completion of training in March 1999.
3. The applicant provides:
* his DD Form 214
* an excerpt from Army Regulation 600-8-22 (Military Awards)
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. On 10 November 1998, he enlisted in the Regular Army. He completed the training requirements and he was awarded military occupational specialty (MOS) 11B (Infantryman).
3. His record of assignments on the Total Army Personnel Data Base (TAPDB) shows he was assigned to Headquarters, 3rd Brigade Combat Team, 25th Infantry Division, HI on 13 July 1999.
4. On 2 January 2003, he was released from active duty. His DD Form 214 shows his last duty assignment was Headquarters and Headquarters Company, 2nd Battalion, 35th Infantry Regiment, HI and he was separated at Schofield Barracks, HI. His DD Form 214 shows he was awarded the:
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge - W Bar
5. Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Army 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 upon successful completion of initial entry training. Enlisted Soldiers will be awarded this ribbon upon successful completion of their initial MOS producing course.
b. 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.
c. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served
30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.
6. Appendix Q, part 1, Joint Federal Travel Regulations, Volume 1 contains a table showing overseas tour lengths for Department of Defense members. According to this table the unaccompanied or accompanied tour length for Hawaii is 36 months.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed initial entry training. Therefore, he is authorized the Army Service Ribbon.
2. Based the TAPDB he successfully completed the 36 month tour for Hawaii as indicated in the Joint Federal Travel Regulations. Therefore, he is authorized the Overseas Service Ribbon.
3. He clearly served more than 30 consecutive days of active service on or after 11 September 2001. Therefore, he is authorized the Global War on Terrorism Service Medal.
4. His DD Form 214 should be corrected to show the above awards.
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 adding to his DD Form 214 the:
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
_______ _ 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) AR20130003067
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ABCMR Record of Proceedings (cont) AR20130003067
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