BOARD DATE:	  14 May 2015

		DOCKET NUMBER:  AR20140013955 


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) with a separation date of 29 March 2004 to show a second award of the Overseas Service Ribbon.

2.  The applicant states his second Overseas Service Ribbon for his 2003/2004 Operation Iraqi Freedom deployment to Kuwait is not shown on his 
DD Form 214.

3.  The applicant provides:

* DD Form 214 with a separation date of 20 November 1999
* DD Form 214 with a separation date of 29 March 2004
* 502nd Close Support Detachment Orders M-38-0001, dated 7 February 2003
* Department of the Army (DA), Headquarters (HQ), I Corps, Fort Lewis, WA Orders 062-003, dated 3 March 2003
* DA, HQ, I Corps and Fort Lewis Orders 065-0004, dated 5 March 2004
* questions and answers from the Human Resources Command website
* Tables 3-2 and 3-3 from Army Regulation 614-30 (Overseas Service)
 
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.  On 21 November 1996, he enlisted in the Regular Army.  He served a tour of duty in Korea from 7 October 1998 to 20 November 1999.   He was released from active duty on 20 November 1999.  His DD Form 214 shows he was awarded the Overseas Service Ribbon.

3.  He enlisted in the California Army National Guard on 21 November 1999.  On 15 February 2000, he was discharged and transferred to the U.S. Army Reserve Control Group (Reinforcement).

4.  On 6 February 2003, he was transferred to the 502nd Transportation Company, Sherman Oaks, CA.

5.  502nd Close Support Detachment Orders M-38-0001, dated 7 February 2003, ordered the applicant to active duty as a member of his unit.  He was to report to Fort Lewis on 6 February 2003.

6.  DA, HQ I Corps and Fort Lewis Orders 062-003, dated 3 March 2003, ordered him to deploy with the 502nd Transportation Detachment on 5 March 2003, due to a temporary change of station (TCS) in support of Operation Enduring Freedom (OEF).

7.  On 29 March 2004, he was released from active duty and returned to the 502nd Transportation Company, Sherman Oaks, CA.  His DD Form 214 shows he was awarded the:

* Army Commendation Medal
* Army Achievement Medal
* Army Reserve Component Achievement Medal
* National Defense Service Medal
* Korea Defense Service Medal
* Armed Forces Reserve Medal with M Device
* Army Service Ribbon
* Army Good Conduct Medal
* Overseas Service Ribbon
* Driver and Mechanic Badge with Driver-T and Driver-W Bars

8.  Department of the Army All Army Activities 215/2005, Army Awards Policy Clarification and Changes, dated 25 October 2005, eliminated the policy that restricted award of the Overseas Service Ribbon when another campaign/service medal was authorized.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

	b.  Initial award of the Global War on Terrorism Expeditionary Medal  was limited to service members deployed abroad in OEF and Iraqi Freedom in designated specific geographic areas of eligibility (AOE) that included Kuwait and Qatar.  Members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria. 

	c.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the AOE designated for award of the Global War on Terrorism Expeditionary Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 
30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.  

10.  Army Regulation 614-30 provides policy and guidance on the establishment of tour lengths for overseas areas.  Table 3-2, Rule 8 states if a Soldier serves 
9 months in a continuous TCS/temporary duty status in areas where the unaccompanied tour length is up to 18 months, or in isolated areas where tour lengths have not been established he/she is credited with a completed tour.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was deployed to Kuwait/Qatar for more than 9 continuous months.  Therefore, he is entitled to a second Overseas Service Ribbon.  

2.  He was on active duty from 6 February - 4 March 2003 outside the AOE designated for the award of the Global War on Terrorism Expeditionary Medal.  Therefore, he is entitled to the Global War on Terrorism Service Medal.

3.  He served in Kuwait/Qatar from 5 March 2003 to 5 March 2004.  Therefore, he is entitled to the Global War on Terrorism Expeditionary Medal.

BOARD VOTE:

__X______  __X______  __X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 amending his DD Form 214 with a separation date of 29 March 2004 by deleting the Overseas Service Ribbon and adding the:

* Overseas Service Ribbon with Numeral 2
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal



      _______ _ 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)                                         AR20140013955



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ABCMR Record of Proceedings (cont)                                         AR20140013955



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