RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           28 July 2005
      DOCKET NUMBER:  AR20040009175


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Lisa O. Guion                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Mr. James B. Gunlicks             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, the award of the Overseas Service
Ribbon (OSR) and the Army of Occupation Medal with Germany Clasp (AOM).

2.  The applicant states, in effect, that he earned the OSR by serving in
Germany and is entitled to the AOM based on his service in Berlin.

3.  The applicant provides a copy of his separation document (DD Form 214)
and a two page document titled "Eligibility Information" in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 7 May 1983.  The application submitted in this case is dated 19
October 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show he enlisted in the Army and
entered active duty on 28 June 1976.  He completed basic combat training at
Fort Bliss, Texas and advanced individual training (AIT) at Fort Benning,
Georgia.  Upon completion of AIT he was awarded military occupational
specialty (MOS)
11C (Indirect Fire Infantryman).

4.  The applicant’s Personnel Qualification Record (DA Form 2-1) shows, in
Item 5 (Oversea Service), that he served in Germany for 17 months (9
January 1979 to 22 June 1980) and that he did not complete a normal tour.

5.  Item 9 (Awards, Decorations and Campaigns) of the applicant’s DA Form 2-
1 shows he earned the following awards during his active duty tenure:  Army
Service Ribbon (ASR), Army Good Conduct Medal (AGCM) 2nd Award,
Noncommissioned Officer Professional Development Ribbon (NPDR),
Sharpshooter Qualification Badge with Rifle Bar, and Expert Qualification
Badge with Grenade Bar.

6.  Item 35 (Record of Assignments) of the applicant’s DA Form 2-1 shows
that during his overseas tour in Germany, he was assigned to Troop (Trp) C,
3rd Squadron (Squad), 12th Cavalry (Cav) Regiment (Rgmt), 3rd Armored (Arm)
Division (Div), from 11 January 1979 to 22 June 1980.

7.  The Military Personnel Records Jacket (MPRJ) contains orders prepared
during the applicant's oversea assignment in Germany.  These orders were
prepared by the United States Army Regional Personnel Center, Hanau.  There
is no indication that the applicant’s unit was ever assigned for duty in
Berlin.

8.  On 7 May 1983, the applicant was honorably discharged from the Army.
The DD Form 214 he was issued on the date of his discharge shows he
completed
6 years, 10 months and 10 days active military service.

9.  The OSR and AOM were not included in this list of authorized awards
shown in Item 13 (Decorations, Medals, Badges, Citations and Campaign
Ribbons Awarded or Authorized) of the applicant’s separation document, and
the applicant authenticated this document with his signature in Item 21
(Signature of Member Being Separated).

10.  Army Regulation 600-8-22 shows that the OSR 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
regulation provided no provisions for retroactive award of the OSR to
members who had separated from the Army prior to 1 August 1981.
11.  Paragraph 5-10 of the awards regulation provides guidance on the AOM.
It states, in pertinent part, that the AOM is awarded for service of thirty
consecutive days at a normal post of duty in a qualifying location.  The
award of the AOM with Germany Clasp is authorized for service in the Army
of Occupation of Berlin between 9 May 1945 and 2 October 1990.

12.  Army Regulation 614-30 (Overseas Service) prescribes the policies
related to overseas tours and permanent change of station moves.  This
regulation also governs overseas tour lengths and tour completion credit.
Table B-1 lists overseas tour lengths by area.  It states, in pertinent
part, that the normal with dependents tour in Germany is 36 months and the
normal all others tour length is 24 months.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, the OSR was authorized to be awarded for successful
completion of oversea tours on 1 August 1981.  The evidence of record shows
that the applicant completed 17 months oversea service and did not complete
the normal tour.  As a result, he was not eligible to receive the OSR for
his service in Germany.

2.  The evidence of record provides no indication that the applicant's unit
was ever assigned for duty in Berlin during the time he served in Germany.
All orders prepared on him while he was serving in Germany suggest he was
assigned in the vicinity of Hanau, Germany.  In the absence of confirmation
that he served in Berlin for at least thirty consecutive days, there is an
insufficient evidentiary basis to support awarding him the AOM.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 May 1983.  Therefore, the time for
him to file a request for correction of any error or injustice expired on 6
May 1986.  He failed to file within the 3-year statute of limitations and
has not provided a compelling explanation or evidence to show that it would
be in the interest of justice to excuse failure to timely file in this
case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WDP   ___LCB__  __JBG __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            ____William D. Powers_____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR200401009175                          |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/07/28                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1983/05/07                              |
|DISCHARGE AUTHORITY     |AR 634-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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