IN THE CASE OF:
BOARD DATE: 8 April 2014
DOCKET NUMBER: AR20130013032
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 three awards of the Overseas Service Ribbon (OSR).
2. The applicant states the third OSR is missing from his DD Form 214.
3. The applicant provides no additional documentation.
CONSIDERATION OF EVIDENCE:
1. Records show the applicant enlisted in the U. S. Navy on 8 September 1992 and served for a period of 5 years. He was honorably released from active duty on 7 September 1997 due to completion of required active service.
2. On 5 December 2003, the applicant was ordered to active duty as a member of the U. S. Army Reserve (USAR) in support of Operation Iraqi Freedom. He was deployed to Iraq/Kuwait from 29 January 2004 to 3 February 2005 (1 year and 5 days). He was released from active duty on 8 March 2005.
3. On 20 March 2010, the applicant was ordered to active duty as a member of the USAR for duty in support of Operation Iraqi Freedom. He served in Iraq from 4 May 2010 to 1 March 2011 (9 months and 28 days). He was released from active duty on 25 April 2011.
4. On 8 November 2011, the applicant was ordered to active duty as a member of the USAR for duty in support of Operation Enduring Freedom.
5. On 27 May 2013, the applicant was released from active duty. His DD Form 214 for this period:
a. shows in Item 12f (Foreign Service): 9 months and 28 days;
b. includes in Item 13 (Decorations, Medals, Badges, citations and Campaign Ribbons Awarded or Authorized): OSR (2nd Award); and
c. includes in Item 18 (Remarks): Service in Afghanistan 20111218 - 20130808. This is a period of 7 months and 21 days.
6. Defense Finance and Accounting (DFAS) records show the applicant received hostel fire pay (HDP), imminent danger pay (IDP), and combat zone tax exclusion (CZTE) for service in Afghanistan from 20 December 2011 to
31 August 2012 (8 months and 12 days).
7. Army Regulation 600-8-22 (Military Awards) states the OSR is awarded for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the OSR.
8. 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 OSR may be granted if the applicant served at least 8 months and 16 days on his/her tour).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show three awards of the OSR.
2. The applicant's DD Forms 214 show the applicant was deployed as follows:
a. Iraq/Kuwait from 29 January 2004 to 3 February 2005 (1 year and 5 days);
b. Iraq from 4 May 2010 to 1 March 2011 (9 months and 28 days); and
c. Afghanistan from 18 December 2011 to 8 August 2012 (7 months and
21 days). The entry in Item 12f showing foreign service for 9 months and
28 days is unexplained and cannot be validated with the available evidence.
3. DFAS records show the applicant received HDP/IDP and CZT for service in Afghanistan from 20 December 2011 to 31 August 2012 (8 months and 12 days).
4. The governing regulations require a minimum deployment period of 8 months and 16 days in order to qualify for the OSR. Accordingly, the applicant only served two qualifying periods for award of the OSR.
5. A review of the applicant's latest DD Form 214 shows he received two OSRs.
6. In view of the above, the applicant's request 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 that 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) AR20130013032
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130013032
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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