RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 August 2006
DOCKET NUMBER: AR20060000357
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. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Mr. James Anderholm | |Chairperson |
| |Mr. Dale DeBruler | |Member |
| |Mr. James Hastie | |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 award of the Overseas Service Ribbon.
2. The applicant states that he earned this ribbon for his service in
Germany from 1990 to 1991.
3. The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 20 May 1991. The application submitted in this case is dated
27 December 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 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 on 17 August 1984 and trained as a practical
nurse.
4. A DA Form 5121-R (Oversea Tour Election Statement), dated 6 December
1989, shows the applicant elected to serve a tour for a period of 24 months
in Germany.
5. The applicant served as a practical nurse in Germany from 10 February
1990 through 15 May 1991, a total of 15 months. On 20 May 1991, prior to
completing the overseas tour, the applicant was honorably discharged under
the provisions of Army Regulation 635-200, chapter 5, paragraph 15, due to
failure to meet the Army weight control standards. (His DD Form 214
erroneously shows he was discharged under the provisions of Army Regulation
635-200, chapter 13, for unsatisfactory performance).
6. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant did not complete his 24 month overseas tour in Germany.
Therefore, there is insufficient evidence on which to award the Overseas
Service Ribbon in this case.
2. Records show the applicant should have discovered the alleged error now
under consideration on 20 May 1991; therefore, the time for the applicant
to file a request for correction of any error expired on 19 May 1994. 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
JA_____ DD______ _JH_____ 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.
__James Anderholm_________
CHAIRPERSON
INDEX
|CASE ID |AR20060000357 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060808 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.0079 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2005 | 20050002831C070206
The applicant is requesting correction of an alleged error or injustice which occurred on 11 February 1992 when his 1991 separation document was corrected to reflect additional information, including entitlement to one Overseas Service Ribbon. Army Regulation 614-30, in effect, at the time, stated a normal overseas tour for Soldiers with family members in Germany and Panama was 36 months and for those without family members was 24 months. While the applicant may have been deployed to...
ARMY | BCMR | CY2006 | 20060006407C070205
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Good Conduct Medal. The applicant did not serve a period of qualifying service for award of the American Defense Service Medal. Records show the applicant should have discovered the alleged errors now under consideration on 13 December 1991; therefore, the time for the applicant to file a request for correction of any error expired on 12 December 1994.
ARMY | BCMR | CY2004 | 20040009175C070208
The applicant requests, in effect, the award of the Overseas Service Ribbon (OSR) and the Army of Occupation Medal with Germany Clasp (AOM). 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. The evidence of record shows that the applicant completed 17 months oversea service and did not complete the normal tour.
ARMY | BCMR | CY2010 | 20100009717
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Overseas Service Ribbon (OSR) and the Army Superior Unit Award (ASUA). The DD Form 214 issued at that time shows, in Item 12f (Foreign Service), that the applicant completed 3 months and 15 days of overseas service. However, based on the applicant's active duty service subsequent to 1 August 1981, he is entitled to the OSR for his overseas tour completion in the RVN.
ARMY | BCMR | CY2010 | 20100017537
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service tour in Southwest Asia. Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Based on the DMMC Desert Shield/Storm Database, the...
ARMY | BCMR | CY2005 | 20050009071C070206
However, the available records do show that on 12 August 1991, the applicant’s commander informed him that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200, paragraph 5-13. Accordingly, he was honorably discharged on 5 September 1991 under the provisions of Army Regulation 635-200, paragraph 5-13, due to personality disorder. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2008 | 20080014107
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Overseas Service Ribbon and the Operation Desert Storm Medal (i.e. Southwest Asia Service Medal (SWASM)). 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. With respect to the Overseas Service Ribbon, the evidence of record shows that the applicant completed 4 months...
ARMY | BCMR | CY2004 | 20040010795C070208
The applicant states that his DD Form 214 does not show these awards. He completed 7 years, 1 month, and 5 days active military service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by awarding him the GCMDL for the period 22 January 1985 through 21 January 1988; b. by adding the entry "SWA SERVICE: 11FEB91-16MAR91 to item 18 on his DD Form 214;" c. by showing he was awarded the SWASM with one bronze service...
ARMY | BCMR | CY2003 | 2003090958C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected to show that he was awarded the Army Commendation Medal (ARCOM), the Overseas Service Ribbon (OSR), and the Combat Infantryman Badge (CIB). Although the applicant had an infantry MOS and served in an infantry unit during Operation Desert Storm, there are no orders awarding him...
ARMY | BCMR | CY2013 | 20130008842
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Overseas Service Ribbon and the Armed Forces Expeditionary Medal. His DD Form 214 shows in: * Item 12f (Foreign Service), he completed 3 years, 11 months, and 22 days of foreign service * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the - * Bronze Star Medal * Army Commendation Medal...