RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           7 December 2004
      DOCKET NUMBER:  AR2004105475


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. John E. Denning               |     |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, award of the Overseas Service Ribbon
(OSR) and the Humanitarian Service Medal (HSM).

2.  The applicant states, in effect, that his record and separation
document
(DD Form 214) should reflect award of the OSR and HSM based on his service
overseas on foreign soil.

3.  The applicant provides a copy of his DD Form 214 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 29 June 1981.  The application submitted in this case is
dated
4 March 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 limitation 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 record shows that he enlisted in the Regular Army and
entered active duty on 30 June 1977.  He was trained in and awarded
military occupational specialty (MOS) 63B (Power Generator and Wheel
Vehicle Mechanic).

4.  The applicant’s Personnel Qualification Record (DA Form 2-1) shows that
he was assigned overseas to Germany and arrived there for duty on 29
October 1977 and that he completed this overseas tour on 24 October 1979.
Item 9 (Awards, Decorations & Campaigns) shows that during his active duty
tenure, he earned the Army Good Conduct Medal.

5.  On 29 June 1989, the applicant was honorably released from active duty
after completing 4 years of active military service.  Item 13 (Decorations,
Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of
the
DD Form 214 he was issued includes only the AGCM.
6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-15 provides
guidance on award of the Humanitarian Service Medal (HSM).  It states, in
pertinent part, that in order to qualify for this award, a member must have
directly participated in a Department of Defense approved humanitarian act
or operation within the designated geographical area of operation and
within specified time limits.  "Direct participation" is defined as "hands
on" activity at the site or sites of the military act or operation.
Specifically excluded from eligibility for this medal are personnel or
elements remaining at geographically separated military headquarters.
Appendix C provides a list of all Department of Defense approved HSM
operations.

7.  Paragraph 5-4 of the awards regulation contains guidance on award of
the OSR.  It states, in pertinent part, that effective 1 August 1981, it is
awarded to all members credited with a normal overseas tour completion.
Retroactive award of the OSR was authorized only for members who were
serving on active duty subsequent to 1 August 1981.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the OSR and HSM was carefully
considered.  However, there is an insufficient evidentiary basis to support
granting the requested relief.

2.  The evidence of record confirms the applicant completed a normal
overseas tour of duty in Germany.  However, the OSR was not authorized
until 1 August 1981, subsequent to his release from active duty.  Given the
regulation provided retroactive provisions for award of the OSR only for
members who were serving on active duty subsequent to 1 August 1981, there
is an insufficient evidentiary basis to support adding the award to the
applicant’s record at this time.

3.  The applicant’s record also provides no indication that he directly
participated in any of the approved Department of Defense HSM operations
listed in the awards regulation during his active duty tenure.  As a result
there is insufficient evidence to support adding the HSM to his record at
this time.

4.  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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 June 1981.  Therefore, the time for
him to file a request for correction of any error or injustice expired on
28 June 1984.  However, he 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 RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MDM_  __JED___  __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.




            ____Mark D. Manning____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004105475                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/12/07                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1981/06/29                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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