RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 February 2007
DOCKET NUMBER: AR20060010045
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.
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 he be awarded the Overseas Service Ribbon.
2. The applicant essentially states that he believes that he is entitled to the Overseas Service Ribbon because he spent a year serving in Germany.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on
9 March 1972, the date of his release from active duty. The undated application submitted in this case was received on 14 July 2006.
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 applicants failure to timely file.
3. The applicants military records show that he was inducted into the Army of the United States on 11 August 1970. He completed basic and advanced individual training and was awarded military occupational specialty 36K (Wireman). He served 1 year, 1 month, and 29 days in Germany, and served with Battery D, 3rd Battalion, 71st Air Defense Artillery.
4. Headquarters, 3rd Battalion, 71st Air Defense Artillery Special Orders Number 25, dated 3 February 1972, reassigned the applicant to the United States Army Transfer Station, Fort Dix, New Jersey on or about 10 March 1972. The authority for this reassignment was paragraph 5-3, Army Regulation 635-200 (Enlisted Personnel), and message, Date/Time Group 102035ZDec71, Subject: Phasedown Release Program.
5. On 9 March 1972, the applicant was honorably released from active duty. The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the National Defense Service Medal.
6. Although the applicant essentially completed a normal tour in Germany between 1971 and 1972, which was curtailed because he was released from active duty under the Phasedown Release Program, there is no evidence that he had an Active Army status on or after 1 August 1981.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. This 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. The applicant contends that he should be awarded the Overseas Service Ribbon.
2. Although the applicant completed an tour in Germany, which was cut short by the Government to release the applicant from active duty under the Phasedown Release Program, there is no evidence that he had an Active Army status on or after 1 August 1981, which is a requirement for retroactively awarding the Overseas Service Ribbon to personnel who were credited with a normal overseas tour completion before 1 August 1981. In view of the foregoing, there is no basis for awarding the Overseas Service Ribbon to the applicant in this case.
3. Records show the applicant should have discovered the alleged error now under consideration on 9 March 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 8 March 1975. 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
___MM__ __JM____ __QS___ 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 Manning_______
CHAIRPERSON
INDEX
CASE ID
AR20060010045
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070222
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
AR 15-185
ISSUES 1.
107.0079.0000
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