BOARD DATE: 5 June 2014
DOCKET NUMBER: AR20130017563
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Overseas Service Ribbon.
2. The applicant states this ribbon was not added to her DD Form 214.
3. The applicant provides:
* Orders Number 10-034-00002, dated 3 February 2010
* Orders Number 336-1027, dated 2 December 2010
* Table 3-2, Army Regulation 614-30 (Overseas Service)
* DD Form 214
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 U.S. Army Reserve (USAR) on 17 March 2006 and held military occupational specialty 92A (Automated Logistical Specialist).
3. Her record contains a statement of service, dated 26 November 2010 which shows she served in:
* Fort Bliss, TX from 17 January 2010 to 28 February 2010
* Camp Striker, Iraq from 10 March 2010 to 15 July 2010 (4 months and
6 days)
* Camp Arfijan, Kuwait from 1 August 2010 to 1 December 2010 (4 months and 1 day)
4. She was honorably released from active duty for completion of required active service on 31 December 2010. Her DD Form 214 shows she completed 9 months and 19 days of net active service of which 8 months and 10 days was credited as foreign service. Her DD Form 214 did not list the Overseas Service Ribbon.
5. Army Regulation 600-8-22 (Military Awards) states the OSR is awarded for successful completion of overseas tours. Soldiers must be credited with a normal overseas tour completion according to Army Regulation 61430 (Overseas Service). Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.
6. Army Regulation 614-30, paragraph 3-3 states the prescribed outside the continental United States (OCONUS) tour lengths for long and short tour areas are listed in the Joint Federal Travel Regulation (JFTR), Appendix Q, Table 1.
a. The JFTR, Appendix Q, Table 1 states that accompanied tours in Kuwait are 24 months and unaccompanied tours are 12 months.
b. Army Regulation 614-30, Table 3-2 states the Overseas Service Ribbon may be awarded if a Soldier serves:
(1) A minimum of 11 continuous months in a Temporary Change of Station (TCS)/ Temporary Duty (TDY) status in OCONUS areas where the
unaccompanied tour length is between 18 and 24 months, and whose primary duties were to provide direct support of contingency operations.
(2) A minimum of 11 cumulative months in a TCS/TDY status during any 24 month period in areas where the unaccompanied tour length is designated as 12 to 18 months, or in isolated areas where tour lengths have not been established by Department of Defense (DOD).
(3) 9 months in a continuous TCS/TDY status in areas where the unaccompanied tour length is up to 18 months, or in isolated areas where tour lengths have not been established.
7. According to the U.S. Army Human Resources Command Awards Branch, 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 continuous months in Iraq or Afghanistan receive credit for a completed short tour.
DISCUSSION AND CONCLUSIONS:
1. The applicant served a total of 8 months and 10 days of foreign service during the period covered by her DD Form 214. She served 4 months and 6 days in Iraq and 4 months and 1 day in Kuwait.
2. Army regulation requires a Soldier serve a minimum of 9 months in a continuous TCS/TDY status in areas where the unaccompanied tour length is up to 18 months, or in isolated areas where tour lengths have not been established.
3. Based on the foregoing evidence she does not meet the criteria for award of the Overseas Service ribbon.
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.
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