IN THE CASE OF: BOARD DATE: 8 July 2008 DOCKET NUMBER: AR20080005389 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, award of the Overseas Service Ribbon (OSR), 2nd Award. 2. The applicant states, in effect, that his separation document (DD Form 214) does not reflect the OSR with Numeral 2 he is entitled to. 3. The applicant provides the following documents in support of his application: Headquarters, 3rd Armored Division Permanent Orders 18-20 announcing award of the Army Commendation Medal (ARCOM), dated 23 February 1981; ARCOM Certificate, dated 12 March 1981; Oath of Extension of Enlistment (DA Form 1695); and Headquarters, Fort Carson and Headquarters, 4th Infantry Division Orders Number 065-715, permanent change of station orders to Germany, dated 5 April 1982. 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 records show that he enlisted into the Regular Army and entered active duty on 14 March 1978. He was trained in, awarded, and served in military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman), and the highest rank he attained while serving on active duty was sergeant (SGT). 3. The applicant's Personnel Qualification Record (DA Form 2-1) shows, in Item 5 (Overseas Service), that he completed three overseas tours in Germany during the following periods: 28 July 1978 through 23 March 1981; 17 July 1982 through 2 July 1985; and 11 September 1988 through 27 June 1991. Item 9 (Awards, Decorations & Campaigns) shows he earned the following awards: Army Service Ribbon (ASR); Army Commendation Medal (ARCOM), 3rd Award; Army Good Conduct Medal (AGCM), 2nd Award; OSR (3rd Award); Army Achievement Medal (AAM), 4th Award; Noncommissioned Officer Professional Development Ribbon (NCOPDR) with Numeral 2; National Defense Service Medal (NDSM); Southwest Asia Service Medal (SWASM) with 2 bronze service stars; and Expert Marksmanship Qualification Badge with Rifle and Pistol Bars. 4. On 28 June 1991, the applicant was honorably released from active duty (REFRAD), in the rank of SPC, at the expiration of his term of service. The DD Form 214 he was issued at the time shows he completed a total of 13 years, 3 months, and 15 days of active military service, of which 12 years and 11 months was served overseas. 5. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he earned the following awards during his active duty tenure: ASR; ARCOM with 2nd Oak Leaf Cluster; AGCM (2nd Award); AAM with 3rd Oak Leaf Cluster; NDSM; SWASM with 2 bronze service stars; NCOPDR; Expert Marksmanship Qualification Badge with Rifle and Pistol Bars. 6. The applicant provides Headquarters, Fort Carson and Headquarters, 4th Infantry Division, Permanent Orders Number 065-715, dated 5 April 1982, which shows he was assigned to that unit in Germany. 7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 5-4 provides guidance on the OSR. It states that the OSR was established by the Secretary of the Army on 10 April 1981. It is awarded to members of the United States Army for successful completion of overseas tours. It also states that numerals will be used to denote second and subsequent awards of the OSR. DISCUSSION AND CONCLUSIONS: The applicant's contention that his records should be corrected to show award of the OSR (2nd Award) was carefully considered and found to have merit. By regulation the OSR is awarded to members of the United States Army for successful completion of overseas tours. The evidence of record confirms the applicant completed three overseas tours in Germany, and that he was awarded the OSR with Numeral 3 based on his completion of these tours, as evidenced by an entry in Item 9 of his DA Form 2-1. Therefore, it would be appropriate to add these awards to his DD Form 214 at this time. 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 amending Item 13 of his 28 June 1991 DD Form 214 by adding the Overseas Service Ribbon with Numeral 3; and by providing him a correction to his separation document that includes this change. __________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) AR20080005389 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080005389 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1