| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Ms. JoAnn H. Langston | Chairperson | |
| Mr. Richard T. Dunbar | Member | |
| Ms. Yolanda Maldonado | Member |
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
| 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. |
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