IN THE CASE OF:	  

		BOARD DATE:	    6 August 2015

		DOCKET NUMBER:  AR20140021173 


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 the Iraq Campaign Medal, Overseas Service Ribbon, and Valorous Unit Award. 

2.  The applicant states the requested awards were never added to his DD Form 214. 

3.  The applicant provides:

* Valorous Unit Award Certificate and Citation
* recommendation for award of the Valorous Unit Award 
* memorandum awarding him the Overseas Service Ribbon
* 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 on 6 March 1996.  He completed required training and he was awarded military occupational specialty 95B (Military Police (MP)) (This MOS was later renumbered as 31B). 

3.  He was ordered to active duty on 24 February 2003 in support of Operation Iraqi Freedom (OIF).  He served in Kuwait/Iraq from 2 May 2003 to 25 December 2003, a period of 7 months and 24 days.  He was assigned to the 307th MP Company. 

4.  He was honorably released from active duty on 3 February 2004.  His DD Form 214 shows he completed 11 months and 10 days of active service.  He was awarded or authorized the: 

* Army Commendation Medal 
* Army Reserve Components Achievement Medal (2nd Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Armed Forces Reserve Medal with Mobilization (M) Device (2nd Award)
* Army Service Ribbon
* Army Reserve Components Overseas Training Ribbon (2nd Award)
* NATO Medal
* overseas service bar 

5.  He provides: 

	a.  A memorandum issued by the commanding officer of the 307th MP Company on 16 August 2006 authorizing him the Overseas Service Ribbon for service during OIF from 2 May 2003 to 24 December 2003. 

	b.  A memorandum issued by the U.S. Army Human Resources Command on 3 November 2006 approving award of the Valorous Unit Award to the 307th MP Company for service from 4 May 2003 to 28 November 2003.  Also attached to the memorandum is a citation and certificate for this award. 

6.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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 areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 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.

	b.  The Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  The AOE encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns during the applicant’s period of service are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

7.  Army Regulation 600-8-22 states the Overseas Service Ribbon is authorized to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status for successful completion of overseas tours.
Table 3-2 of Army Regulation 614-30 (Overseas Service) identifies tour lengths. 

8.  A Frequently Asked Questions Document from the U.S. Army Human Resources Command Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states:

Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon? 
Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  The reference is Army Regulation 614-30, table 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by DOD; therefore, the Army gives equivalent credit for periods of change of station/tour of duty.


DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Kuwait/Iraq in support of OIF from 2 May 2003 to 25 December 2003.  He is entitled to award the Iraq Campaign Medal.  Additionally, he participated in two campaigns during this period.  Therefore, his DD Form 214 should be corrected to show the Iraq Campaign Medal with two bronze service stars.  

2.  The applicant served during a qualifying period for award of the Global War on Terrorism Service Medal and his unit was awarded the Valorous Unit Award.  Therefore, his DD Form 214 should be corrected to show these awards. 

3.  The applicant does not meet the criteria for award of the Overseas Service Ribbon: 

	a.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by DOD; therefore, the Army gives equivalent credit for periods of change of station/tour of duty.  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.

	b.  The applicant completed 7 months and 24 days of service in Kuwait/Iraq.  Notwithstanding his company commander's memorandum authorizing this award, it appears it was issued in error as he does not meet the criteria for this award.  Thus, it should not be added to his DD Form 214. 

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 his DD Form 214, ending on 3 February 2004, the Iraq Campaign Medal with two bronze service stars, the Global War on Terrorism Service Medal, and the Valorous Unit Award.  

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 the Overseas Service Ribbon. 



      _______ _   __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)                                         AR20140021173





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ABCMR Record of Proceedings (cont)                                         AR20140021173



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