MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           15 April 2003                  
	DOCKET NUMBER:   AR2002074730

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Ms. Yolanda Maldonado		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  The applicant requests that his DD From 214 (Report of Separation from Active Duty) be corrected to show that he is authorized the Overseas Service Ribbon. 

APPLICANT STATES:  In effect, that he is retroactively qualified because of his Army status subsequent to the introduction of the award.  He submits an 18 October 2001 leave and earnings statement to show that he was serving, in pay grade E-8, as an active participant in the Army Reserve (USAR).

EVIDENCE OF RECORD:  The applicant's military records show:

He served on active duty in the Regular Army from 23 February 1971 to 22 February 1974.  He attained the rank of specialist (E-4) in MOS 36C20 (field wireman).  He served an unaccompanied tour of 13 months in Korea.  In 1991 he became an active participant in the USAR.

Army Regulation 600-8-22 states that effective 1 August 1981, all active members of the Army who successfully complete an overseas tour are eligible for the Overseas Service Ribbon.  Completion of an overseas tour must be in accordance with Army Regulation 614-30.  The ribbon may be awarded retroactively to those who qualified prior to 1 August 1981 only if they had an Active Army status on or after that date.
 
During the processing of this case a telephone conversation was held, on 20 February 2003 with the Total Army Personnel Command, Awards Branch.  The Awards Branch advised that the term "Active Army" was intended to mean Active Federal Service.  This information was accepted as an advisory opinion and, in accordance with established policy, it was forwarded to the applicant for rebuttal.

The applicant responded by furnishing a copy of his ARPC Form 249-2-E (Chronological Statement of Retirement Points) and contending that his "Active Duty points," as shown in column 8 of the form, demonstrate that he has been on active duty since 1 August 1981.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The applicant's ARPC Form 249-2-E shows only that he was credited with active duty points.  Those active duty points could have been earned by performing Active Duty Training or in an Active Federal Status.  In the absence of evidence showing that he served in an Active Federal Status, there is an insufficient basis to conclude that he is eligible for an award of the Overseas Service Ribbon.

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JHL___  __RTD__  __YM ___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002074730	
SUFFIX		
RECON		
DATE BOARDED	20030415	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.