BOARD DATE: 23 March 2017 DOCKET NUMBER: AR20150016429 BOARD VOTE: ____x_____ ___x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 23 March 2017 DOCKET NUMBER: AR20150016429 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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. Voiding his DD Form 215 issued on 4 February 2015; b. Issuing a new DD Form 215 to show the following corrections: * Adding to item 4a: CPT * Adding to item 4b: O3 * Adding to item 12a: 20110216 * Adding to item 13: Army Commendation Medal (two awards) and the Overseas Service Ribbon * Adding to item 18 the entry: "SERVICE IN AFGHANISTAN FROM 20130129 - 20131018" * Adding to item 18 the entry: CONTINOUS HONORABLE ACTIVE SERVICE 20110216 - 20150215 _____________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. BOARD DATE: 23 March 2017 DOCKET NUMBER: AR20150016429 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) by showing: * He served in Afghanistan from 29 January 2013 to 18 October 2013 * He was authorized the Overseas Service Ribbon 2. The applicant states he was awarded the Overseas Service Ribbon but it was never entered on his DD Form 214. He also points out that his home state of Pennsylvania is misspelled on the DD Form 215 (Correction to DD Form 214) that was issued on 4 February 2015. 3. The applicant provides a copy of his Officer Record Brief (ORB) 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’s ORB indicates he was deployed to Afghanistan for 9 months ending on 18 October 2013. 3. On 15 February 2015, the applicant was released from active duty. His DD Form 214, as previously corrected, reports the following: * He was a captain, pay grade O3 * He entered active duty on 16 February 2011 and served continuously until 15 February 2015 * He was awarded two Army Commendation Medals * He served in Afghanistan from 17 April 2012 to 16 January 2013 * He was awarded the Afghanistan Campaign Medal with bronze service star * His awards as listed do not include the Overseas Service Ribbon REFERENCES: 1. Army Regulation 600-8-22 (Military Awards): a. The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF). The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area. The period of eligibility is on or after 11 September 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated Afghanistan campaigns include Transition I from 1 July 2011 to a date to be determined. b. The Overseas Service Ribbon is awarded for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. 2. 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. (Rules 6 and 8 of Table 3-2 Army Regulation 614-30, Overseas Service, apply). DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected by showing: * His service in Afghanistan from 29 January 2013 to 18 October 2013 * His authorized for the Overseas Service Ribbon 2. The available evidence shows that the applicant served in Afghanistan from 17 April 2012 to16 January 2013. After a short break he again served in this theater from 29 January to 18 October 2013. Accordingly, these periods of deployment should be shown on his DD Form 214. 3. The applicant’s length of overseas service in Afghanistan qualified him for the Overseas Service Ribbon, which is shown on his ORB but was not included on his DD Form 214. 4. The applicant’s concern about the misspelling of Pennsylvania on a previous DD Form 215 is noted. The previously issued DD Form 215 may be voided and a new DD Form 215 may be issued to amend his DD Form 214 to show all necessary corrections. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016429 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016429 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2