IN THE CASE OF: BOARD DATE: 11 March 2010 DOCKET NUMBER: AR20090009318 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 deployment to Kuwait/Iraq in 2003. She also requests award of the Overseas Service Ribbon (OSR) and service stars for her Iraq Campaign Medal (ICM). 2. The applicant states, in effect, that she deployed to Kuwait/Iraq both in 2003 and 2005; however, her DD Form 214 reflects only one deployment period. She goes on to state that her husband was awarded the OSR and two bronze service stars for wear on his ICM and she did not receive any for her deployments. 3. The applicant provides no additional documents with 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 17 January 2001 for a period of 4 years and training as an aviation operations specialist. She successfully completed her training and was transferred to Hunter Army Airfield, Georgia for her first and only permanent duty assignment. 3. Information obtained from the Defense Finance and Accounting Service (DFAS) shows the applicant deployed to Kuwait/Iraq during the period of 28 January through 8 August 2003. She was advanced to the pay grade of E-4 on 1 June 2003. 4. She again deployed to Iraq in support of Operation Iraqi Freedom from 16 January to 30 December 2005. However, there is no evidence to show that she was awarded the OSR. 5. On 30 April 2006, she was honorably released from active duty (REFRAD) due to completion of required service. Her DD Form 214 issued at the time of her REFRAD fails to show that she was awarded the OSR or any bronze service stars to denote campaign participation during her 1 year, 6 months, and 26 days of foreign service. 6. A review of available evidence shows the applicant participated in four campaigns while assigned to Kuwait/Iraq and thus she is entitled to wear four bronze service stars on her ICM to denote her campaign participation. 7. Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that 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. Normal overseas tour completion for Iraq/Kuwait is 1 year. DISCUSSION AND CONCLUSIONS: 1. The applicant served in Iraq/Kuwait from 28 January to 8 August 2003 and from 16 January to 30 December 2005. 2. During the 1 year, 6 months, and 26 days of foreign service she served in Iraq and Kuwait, she participated in four campaigns and thus is entitled to wear four bronze service stars on her ICM. 3. Additionally, since she completed a 1 year tour in Iraq/Kuwait, she is entitled to award of the OSR and to have her foreign service of 1 year, 6 months, and 26 days reflected on her DD Form 214. 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: a. deleting the entry in item 12f (foreign service) of her DD Form 214 and adding 1 year, 6 months, and 26 days; b. adding to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 the OSR and four bronze service stars for wear on her Iraq Campaign Medal; and c. adding to item 18 (Remarks) of her DD Form 214 the entry, "Kuwait/Iraq from 28 January to 8 August 2003." _______ _ _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) AR20090009318 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090009318 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1