IN THE CASE OF:	   

		BOARD DATE:	  23 September 2014

		DOCKET NUMBER:  AR20140002369 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in:

* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), award of the Overseas Service Ribbon
* item 14 (Military Education), the Combatives Trainer and Warrior Leader's Courses
* item 18 (Remarks), the entry "Service in Germany in Support of Operation Enduring Freedom"

2.  The applicant states he was "awarded" these changes at the time of his discharge. 

3.  The applicant provides:

* his DD Form 214 
* a DA Form 1059 (Service School Academic Evaluation Report)
* a Certificate of Training
* orders 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 5 June 2009.  

2.  Orders Number BN-254-0010, dated 10 September 2012, show he was ordered to deploy to Landstuhl, Germany in support of Operation Enduring Freedom, effective 14 September 2012.

3.  He submitted a:

	a.  Certificate of Training, dated 15 March 2013, which shows he successfully completed the Combatives Trainer Course (40 hour - Level 1), from 11 to 
15 March 2013.

	b.  DA Form 1059, dated 15 June 2012, which shows he successfully completed the Warrior Leader Course from 1 June to 15 June 2012.

4.  He submitted and his record contains a Permanent Order (no order number), issued by Landstuhl Regional Medical Center (LRMC), dated 1 August 2013, which shows he was awarded the Overseas Service Ribbon for successful completion of an overseas tour from 14 September 2012 to 5 September 2013.

5.  On 4 September 2013, he was released from active duty.  He completed 1 year of creditable active service.  The DD Form 214 he was issued:

	a.  does not show in:

		(1)  item 13, the Overseas Service Ribbon; and 

		(2)  item 14, the Combatives Trainer Course or Warrior Leaders Course.  

	b.  shows in item 18, the entries:

		(1)  he was "ordered to active duty in support of Operation Enduring Freedom IAW 10 USC 12302;"

		(2)  he performed "service in Germany 14 September 2012 to 24 August 2013;" and 

		(3)  "individual completed period for which ordered to active duty for purpose of post war benefits and entitlements."

6.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 
1 August 1981, all Soldiers are eligible for the award for successful completion of overseas tours.  

7.  Army Regulation 614-30 (Overseas Service) states that short-and long-tour credit granted for cumulative periods of TCS/TDY in different areas will be credited for the country in which the most service was performed.  Long tour areas are where tour lengths are at least 36 months accompanied and 24 months unaccompanied.  A minimum of 18 cumulative months in a TCS/TDY status during any 24 month period in areas where the unaccompanied tour length is designated as 24 or more months.

8.  The Joint Federal Travel Regulations (JFTR), Appendix Q, Table 1, states that the prescribed tour length for Germany is 36 months for a long tour and 
24 months for a short tour.

9.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214.  It states:

	a.  to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling.  

	b.  for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession:  

		(1)  "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)."

		(2)  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD).''

		(3)  "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST­SERVICE BENEFITS AND ENTITLEMENTS."

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders show he was awarded the Overseas Service Ribbon for overseas service during Operation Enduring Freedom.  However, the governing Army regulation and the JFTR clearly state that for award of the Overseas Service Ribbon, a Soldier must complete the prescribed tour length for the country to which he was assigned.  

2.  Evidence of record shows the applicant served in Germany for a period of 1 year and as a result, did not meet the prescribed tour length of 24 months for a short tour or 36 months for long tour.  Therefore, he is not entitled to have his 
DD Form 214 corrected to show award of the Overseas Service Ribbon.

3.  The governing Army regulation states that for a Reserve Soldier on active duty the entry in item 18 of the DD Form 214 should show the operation name and name of country deployed as two separate entries.  The applicant's DD Form 214 lists these entries as two separate entries.  Therefore, he is not entitled to have his DD Form 214 corrected to show these entries as "Service in Germany in Support of Operation Enduring Freedom."  

4.  Evidence of record shows the applicant attended and successfully completed the Warrior Leader Course and the Combatives Trainer Course.  Therefore, he is entitled have his DD Form 214 corrected to show these courses.

BOARD VOTE:
________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 14 of his DD Form 214 the entries "Warrior Leader Course, 2 weeks, 2012" and "Combatives Trainer Course, 1 week, 2013."

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 







to show award of the Overseas Service Ribbon and "Service in Germany in Support of Operation Enduring Freedom."  



      _______ _   _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)                                         AR20140002369





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ABCMR Record of Proceedings (cont)                                         AR20140002369



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