IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160019447 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 IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160019447 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 adding award of the Overseas Service Ribbon to the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 May 2004. _________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. IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160019447 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 records and DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 May 2005 to show award Overseas Service Ribbon (OSR). 2. The applicant states he was qualified for award of the OSR, but it was never awarded. 3. The applicant provides: * DD Form 149 (Application for Correction of Military Records under the Provisions of Title 10, U.S. Code, Section 1552), dated 29 July 2015 * DD Form 214 * Army Board for Correction of Military Records (ABCMR) letter, dated 5 October 2016 * U.S. Army Human Resources Command website extract from The Adjutant General Directorate on the OSR, updated 16 July 2018 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 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 Iowa Army National Guard on 13 February 1989. 3. Headquarters, Iowa Army National Guard, Office of the Adjutant General, Orders 025-183, dated 25 January 2003, show he was ordered to active duty in support of Operation Enduring Freedom for a period of 365 days with a reporting date listed as 24 January 2003. 4. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Iraq during the period 20 April 2003 through 14 March 2004. 5. On 15 May 2004, he was released from active duty. 6. His DD Form 214 for the period ending 15 May 2004 shows he was awarded or authorized the: * Army Commendation Medal * Army Achievement Medal * Army Reserve Components Achievement Medal (4th Award) * National Defense Service Medal (2nd Award) * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Armed Forces Reserve Medal * Armed Forces Reserve Medal with "M" Device * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon 7. He provided a copy of ABCMR letter, dated 5 October 2016, in which he was advised on the Combat Action Badge. 8. On 5 January 2017, the ABCMR awarded him the Army Good Conduct Medal (1st Award) for the period 24 January 2003 to 15 May 2004. Additionally, the ABCMR directed amendment of his DD Form 214 for the period ending 15 May 2004 to remove the Global War on Terrorism Expeditionary Medal and add the Army Good Conduct Medal and Iraq Campaign Medal with two bronze service stars. 9. On 6 February 2017, he was issued a DD Form 215 (Correction to DD Form 214) amending his DD Form 214 for the period ending 15 May 2004 to show deletion of his Global War on Terrorism Expeditionary Medal and award of the Army Good Conduct Medal and Iraq Campaign Medal with two bronze service stars. 10. He provide an extract from The Adjutant General Directorate on the OSR, U.S. Army Human Resources Command website, updated 16 July 2018, which provided common questions and answers on award of the OSR. This website shows in accordance with Army Regulation 614-30 (Overseas Service), Soldiers who serve a minimum of 11 cumulative months (within a 24 month period) or 9 continuous months in a temporary change of station (TCS/TDY) status may receive overseas tour credit for a completed short tour. 11. His personal data contained in the Human Resources Command Soldier Management System shows his marital status as single. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides that the OSR is awarded to members of the U.S. Army for successful completion of overseas tours. Effective 1 August 1981, all members of the active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for this award. The ribbon may be awarded retroactively to those personnel who were credited with normal overseas tour completion before 1 August 1981 provided they had an active Army status on or after 1 August 1981. 2. Army Regulation 614-30 (Overseas Service) prescribes policies to overseas permanent change of station moves, overseas tour lengths, overseas curtailments, time-on-station, eligibility for overseas service criteria, voluntary and involuntary overseas tour extensions, the Overseas Tour Extension Incentive Program, and consecutive overseas tours. Table 3-2 states a Soldier is credited with short-tour credit for serving: a. minimum of 11 continuous months in a TCS/TDY status during any 24-month period in areas where the unaccompanied tour length is designated as 12 to 18 months, or in isolated areas where tour lengths have not been established by the Department of Defense or b. 9 months in a continuous TCS/TDY status in areas where the "all others" tour length is up to 18 months, or in isolated areas where tour lengths have not been established. DISCUSSION: 1. The evidence of record shows the applicant served in Iraq during the period 20 April 2003 through 14 March 2004, a period of 10 months and 24 days. 2. The governing regulation requires a minimum of 11 continuous months in a TCS/TDY status during any 24-month period in areas where the unaccompanied tour length is designated as 12 to 18 months or in isolated areas where tour lengths have not been established by the Department of Defense, or 9 months in a continuous TCS/TDY status in areas where the "all others" tour length is up to 18 months, or in isolated areas where tour lengths have not been established. 3. He met the criteria as a single individual for award of the OSR for his deployment to Iraq during the period 20 April 2003 through 14 March 2004. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019447 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019447 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2