RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                              12 JANUARY 2006
      DOCKET NUMBER:         AR20050003133


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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, that his records be corrected to
reflect his award of the Overseas Service Ribbon with Numeral “3”.

2.  The applicant states that he served two tours in Hawaii and two tours
in Germany and his records should reflect the award of the Overseas Service
Ribbon with Numeral “3”.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 February 1984.  The application submitted in this case is
dated 16 February 2005 and was received on 1 March 2005.

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.  He enlisted in the Regular Army on 2 August 1971 for a period of 3
years, training as an infantryman and assignment to Europe.  He completed
his training and was transferred to Gelhausen, Germany.

4.  On 26 December 1972, he was honorably discharged for the purpose of
immediate reenlistment.  He reenlisted on 27 December 1972 for a period of
6 years and assignment to Hawaii.  He did not complete his normal overseas
tour in Germany before being transferred to Hawaii on 13 February 1973.

5.  The applicant’s records show that he completed two overseas service
tours in Hawaii and he was assigned to Germany twice.  However, he never
completed any of the tours in Germany.

6.  On 27 December 1982, while stationed in Germany, the applicant was
notified that he had been selected by the Qualitative Management Program
(QMP) to be barred from reenlistment due to the presence of eight records
of nonjudicial punishment and two substandard evaluation reports contained
in his Official Military Personnel File (OMPF).

7.  On 27 February 1984, he was honorably discharged in the pay grade of E-
4 on the expiration of his term of service (ETS).  He had served 12 years,
6 months, and 26 days of total active service and was awarded the Good
Conduct Medal (3rd award), the Driver and Mechanic Badge with Driver Bar
for Wheeled Vehicles, the Overseas Service Ribbon with Numeral “1”, and the
Army Service Ribbon.

8.  Army Regulation 600-8-22 (Military Awards) shows 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.  Numerals are used to denote the second and subsequent
awards of the Overseas Service Ribbon.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  The applicant only completed two normal overseas tours during the
course of his service and was appropriately awarded the Overseas Service
Ribbon with Numeral “1” to denote completion of two normal overseas tours.

3.  Accordingly, the applicant is not entitled to any additional awards of
the Overseas Service Ribbon.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 February 1984; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
26 February 1987.  However, 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

____LS__  ___RB   _  ___RN __  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.




            ____Linda Simmons__________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003133                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19840227                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 4                        |
|DISCHARGE REASON        |RE-3, 3C                                |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |125/osr                                 |
|1.107.0079              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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