IN THE CASE OF:
BOARD DATE: 27 January 2015
DOCKET NUMBER: AR20140006856
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 award of a second Overseas Service Ribbon (OSR with Numeral 2) based on his assignment to "Madigan Army Medical Center," in effect, Tripler Army Medical Center, Tripler, Hawaii.
2. He states, in effect:
a. he was assigned to Tripler Army Medical Center for 5 years, 2 months, and 5 days;
b. he received an OSR for his initial 36 months; but not for the subsequent
26 months;
c. in reviewing Army Regulation 614-30 (Overseas Service) he believes he is eligible for a second OSR for his second tour;
3. He provides:
* DD Form 214
* Enlisted Record Brief (ERB)
* Officer Record Brief
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 Regular Army on 24 August 1998.
3. Section IX (Assignment History) of his ERB shows he was assigned to:
a. Company B, Tripler Army Medical Center, Tripler, Hawaii, from 16 January 2003 to 13 March 2006; and
b. Company A, Tripler Army Medical Center, Tripler, Hawaii, from 14 March 2006 to 18 July 2007; and
c. Company B, Tripler Army Medical Center, Tripler, Hawaii, on 19 July 2007.
4. On 20 March 2008, he was honorably discharged by reason of completion of required active duty service. His DD Form 214 shows he completed a total of 9 years, 6 months, and 27 days of active military service. His DD Form 214 shows in:
a. item 12f (Foreign Service), the entry "05 02 05"; and
b. item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), does not show award of the OSR.
5. His record contains a DD Form 215 (Correction of DD Form 214, Certificate of Release or Discharge from Active Duty), dated 11 September 2011, which shows item 13 of his DD Form 214 was corrected to include the OSR.
6. On 10 May 2011, he was commissioned as an officer in the Washington Army National Guard.
7. During the processing of this case, a staff member of the Board requested Defense Finance and Accounting Service (DFAS) verification of the applicant's overseas service dates. DFAS records show the applicant served in Hawaii from 16 January 2003 to 20 March 2008, a period of 5 years, 2 months, and 5 days.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 5-4 provides guidance for the OSR. It states the OSR is authorized for members upon completion of a normal overseas tour as defined in Army Regulation 614-30 (Overseas Service). Numerals are used to denote second and subsequent awards of the OSR.
9. Army Regulation 614-30 states that:
a. overseas tour areas and tour lengths are contained in appendix Q of the Joint Federal Travel Regulation (JFTR). Appendix Q of the JFTR identifies Hawaii as an overseas tour area and indicates the tour length is 36 months for both accompanied and unaccompanied Soldiers.
b. Table 3-2 (Award of tour credit and adjustment of DEROS/DROS (Date Eligible to Return Overseas/Date Returned Overseas)), shows that tour credit is awarded for two tours when the Soldier serves a complete tour and then consecutively serves less than the normal prescribed overseas tour, and curtailment is for the convenience of the Government and through no request from or fault of the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he served in Hawaii from 16 January 2003 to 20 March 2008, a period totaling 5 years, 2 months, and 5 days. The prescribed tour length for Hawaii is 3 years or 36 months.
2. The available evidence shows his DD Form 214 was corrected to show he served a qualifying period for the first award of the OSR.
3. However, the evidence also shows he served in Hawaii an additional 2 years, 5 months, and 5 days prior to his expiration term of service, a period of less than the normal prescribed overseas tour, through no request or fault of the applicant. Therefore, he is entitled to have his DD Form 214 corrected to show the OSR with the Numeral 2.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
a. deleting from item 13 of his DD Form 214, the Overseas Service Ribbon; and
b. adding to item 13 of his DD Form 214, the OSR 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) AR20140006856
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ABCMR Record of Proceedings (cont) AR20140006856
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