IN THE CASE OF:	 

		BOARD DATE:	  18 November 2010

		DOCKET NUMBER:  AR20100014614


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) for the period ending 17 April 2009 to show he completed 2 years and 4 months of active duty and overseas service.  Additionally, the applicant requests award of the Overseas Service Ribbon.

2.  The applicant states that his current DD Form 214 shows his active duty service as 1 year and 4 months, but he served actively with his overseas unit for 2 years and 4 months.  The applicant states that his active duty service time should reflect every day he worked with his unit.  Lastly, the applicant states that he served more than 2 years overseas.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 29 July 2004.  Records show he completed basic combat and advanced individual training and was awarded military occupational specialty 13P (Multiple Launch Rocket System/Fire Direction Specialist).

2.  On 17 April 2009, the applicant was separated under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 14, with an under other than honorable conditions discharge.  The DD Form 214 shows he was discharged for misconduct.  He completed a total of 1 year, 9 months, and 3 days of creditable active service.

3.  Records show the applicant was confined in civilian custody from 2 May 2006 to 17 April 2009.  Records show the applicant's period of creditable service began 29 July 2004 and ended 1 May 2006.  This period equates to 1 year, 9 months, and 3 days which is consistent with the amount of active service credited on the applicant's DD Form 214.

4.  Defense Finance and Accounting Service (DFAS) records show the applicant arrived in Korea on 10 January 2005; however, DFAS records do not provide his departure date nor do they characterize his service while there.  There is no other available evidence nor has the applicant provided any evidence that clearly distinguishes the applicant's service dates in Korea.

5.  Army Regulation 600-8-22 (Military Awards) provides that the Overseas Service Ribbon is awarded for successful completion of overseas tours.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show he completed 2 years and 4 months of active and overseas service has been carefully considered; however, there is insufficient evidence to support this request.

2.  The applicant contends that his active service should reflect 2 years and 4 months; however, the applicant's DD Form 214 shows he was credited with active service from 29 July 2004 to 1 May 2006 and was confined by civil authorities from 2 May 2006 to 17 April 2009.  Accordingly, he was credited with 1 year, 9 months, and 3 days of total active service.

3.  There is no evidence in the applicant's available records to document the amount of overseas service the applicant completed; therefore, there is no basis to award the Overseas Service Ribbon.

4.  In view of the above, there is no basis to grant the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20100011932



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ABCMR Record of Proceedings (cont)                                         AR20100014614



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