RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 July 2005
      DOCKET NUMBER:  AR20040011642


      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             |
|     |Mr. Michael J. Fowler             |     |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 correction of his records to show award of the
Overseas Service Ribbon.

2.  The applicant states, in effect, that he served in Germany for 1 year
and 6 months.

3.  The applicant provides a DD Form 214 (Report of Separation from Active
Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error that occurred on
27 September 1976.  The application submitted in this case is dated 27
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 enlisted in the Regular Army on 1 October 1974 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 11B (Infantryman).

4.  The applicant arrived in Germany and was assigned to A Company, 2nd
Battalion, 30th Infantry on or about 25 February 1975 through on or about
20 September 1976.  He was honorably discharged on 27 September 1976.

5.  The applicant's DD Form 214 with the ending period 27 September 1976
shows he was awarded the Army Good Conduct Medal (1st Award).  Item 18f
(Foreign and/or Sea Service this Period) shows he served overseas 1 year,
7 months, and 2 days.

6.  Army Regulation 600-8-22 (Military Awards) states 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 and the overseas service is not recognized with another U.S.
service medal.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was honorably separated on
27 September 1976 after serving 1 year, 7 months, and 2 days overseas.
Army Regulation 600-8-22 specifically states that the Overseas Service
Ribbon 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.  Unfortunately, the
applicant was not on active duty during the effective date of the above
regulation which makes him ineligible for award of the Overseas Service
Ribbon.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 August 1981.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on  31 July 1984.  The applicant did not 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                 |AR20040011642                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |28 July 2005                            |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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