IN THE CASE OF: BOARD DATE: 16 November 2010 DOCKET NUMBER: AR20100014310 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) and any humanitarian awards that he may be authorized for service in Somalia during Operation Restore Hope. 2. The applicant states that he served in Somalia in support of Operation Restore Hope and desires to be awarded the OSR and any Humanitarian awards to which he is entitled. 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 was born on 27 January 1970 and enlisted in the Regular Army in Columbia, South Carolina on 7 January 1992 for a period of 3 years, airborne training, and training as a food service specialist. 3. He completed his basic training at Fort Leonard Wood, Missouri, advanced individual training at Fort Lee, Virginia, and airborne training at Fort Benning, Georgia before being transferred to Fort Bragg, North Carolina for assignment to Headquarters and Headquarters Company, 327th Signal Battalion as a food service specialist. He was advanced to the pay grade of E-4 on 1 January 1994. 4. On 18 May 1994, he reenlisted for a period of 5 years, stabilization for 1 year and a selective reenlistment bonus. 5. On 5 January 1995, orders were published reassigning him to Germany with an availability date of 5 July 1995. 6. On 14 February 1995, he went absent without leave (AWOL) and remained absent in desertion status until he was apprehended by civil authorities in Dillon, South Carolina on 28 December 1995 and returned to military control at Fort Knox, Kentucky where charges were preferred against him for the AWOL offense. 7. On 12 March 1996, he was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He had served 3 years, 3 months, and 22 days of total active service and his DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects that he was awarded the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Parachutist Badge and his marksmanship badges. His DD Form 214 also reflects no foreign service or participation in any operations. 8. At the time the applicant applied to the Board he was incarcerated in a Federal Institution in West Virginia. 9. Army Regulation 600-8-22 (Military Awards) states the OSR was established by the Secretary of the Army on 10 April 1981. 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. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that he should be awarded the OSR for his participation in Operation Restore Hope in Somalia has been noted. However, the applicant has failed to show through the evidence of record that he actually served in Somalia or that he completed a complete overseas tour. 2. Inasmuch as there is no evidence in the available records to show that he deployed, or the dates of his deployment, there is no basis to grant his request. 3. 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. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __X____ ___X____ ___X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _________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) AR20100014310 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100014310 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1