IN THE CASE OF: BOARD DATE: 23 September 2008 DOCKET NUMBER: AR20080007448 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 that he be awarded the Overseas Service Ribbon (OSR). 2. The applicant states that he should have been awarded the OSR for the 1 year, 10 months, and 20 days he served in Germany. 3. The applicant provides no additional documents with his application. 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 enlisted in the Regular Army in Memphis, Tennessee on 6 October 1981, for a period of 4 years and training as a carpentry and masonry specialist. He completed his one-station unit training (OSUT) at Fort Leonard Wood, Missouri and was transferred to Fort Stewart, Georgia for his first permanent duty assignment. 3. On 21 June 1983, he was transferred to Germany for a 24-month unaccompanied tour. He was advanced to the pay grade of E-4 on 6 December 1983. 4. On 10 April 1985, he reenlisted for a period of 4 years and assignment to Fort Eustis, Virginia. He was promoted to the pay grade of E-5 on 2 May 1985. 5. He departed Germany on 10 May 1985 for assignment to Fort Eustis. He had served 1 year, 10 months, and 20 days and was credited with normal tour completion. 6. On 3 October 1986, he was discharged under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12d, for misconduct – Drug Abuse. He had served 4 years, 11 months, and 28 days of total active service and his DD Form 214 issued at the time of his discharge shows that he was awarded the Army Achievement Medal with two oak leaf clusters and the Good Conduct Medal. 7. A review of his records also show that he was awarded the Army Service Ribbon based upon his completion of the carpentry and masonry course at Fort Leonard Wood, Missouri. 8. Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. 9. Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that he should have been awarded the OSR for his overseas tour in Germany has been noted and found to have merit. The applicant was credited with completion of a tour in Germany and thus is eligible for award of the OSR. 2. Additionally, the applicant was awarded the ASR based upon completion of his initial entry training and it was omitted from his DD Form 214 at the time of his discharge. 3. Accordingly, it would be in the interest of justice at this time to award him the OSR and to add this award to his records, as well as the already-awarded ASR. 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 awarding him the OSR and by adding this award and the already-awarded ASR to his records as well. _________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) AR20080007448 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080007448 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1