IN THE CASE OF:
BOARD DATE: 26 March 2015
DOCKET NUMBER: AR20140013491
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, in effect, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her foreign service and the Overseas Service Ribbon with Numeral 3 (OSR (3)).
2. The applicant states, in effect, that she served in Germany and Korea and received the OSR (2) for those tours. Additionally, she served in Kuwait and Iraq in support of Operation Iraqi Freedom and she believes her DD Form 214 should be corrected to show an additional OSR and her foreign service.
3. The applicant provides copies of her DD Forms 214, deployment orders, and a one-page letter explaining her application.
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 30 July 1991. She served on active duty as an animal care specialist until she was honorably released from active duty (REFRAD) on 12 October 1999 and was transferred to an Army National Guard unit in South Carolina, in the rank of pay grade E-4. Her
DD Form 214 issued at the time of her REFRAD shows she was awarded the OSR (2) and had 3 years and 29 days of foreign service.
3. On 1 July 2002, while serving in a U.S. Army Reserve (USAR) unit in California, she was ordered to active duty in support of Operations Iraqi Freedom and Enduring Freedom. She deployed to Kuwait during the period 20030323 20030509 (1 month and 17 days), Iraq during the period 20030510 20030517 (8 days), Kuwait during the period 20030518 20030624 (1 month and 7 days) for a total of 3 months and 2 days of foreign service.
4. On 24 June 2003, she was honorably REFRAD due to completion of required service. She had served 11 months and 24 days of active service. Her DD Form 214 issued at the time of her REFRAD shows no foreign service in item 12f (Foreign Service) and it shows the OSR (2nd Award).
5. According to the Awards Branch at U.S. Army Human Resources Command, 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 months continuous in Iraq or Afghanistan get credit for a completed short tour.
6. Information received from U.S. Army Human Resources Command, on
29 November 2011, indicated 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 served 3 months and 2 days of foreign service during her last deployment and is entitled to have her DD Form 214, dated 26 June 2003, corrected to show that foreign service in item 12f.
2. However, the applicants contention that she should be awarded an additional OSR has been noted and appears to lack merit. The available evidence shows that she served 3 months and 2 days in Iraq and Kuwait, which does not meet the minimum requirements for award of the OSR in those areas.
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 showing in item 12f of her DD Form 214, dated 24 June 2003, that she served
3 months and 2 days of foreign service.
2. The Board further determined that the evidence presented is 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 a third award of the OSR.
3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of her service in arms.
_______ _ 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) AR20140013491
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ABCMR Record of Proceedings (cont) AR20140013491
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