RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 February 2007
DOCKET NUMBER: AR20060010938
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. Jeffrey Redmann
Chairperson
Mr. David Haasenritter
Member
Mr. Ronald Gant
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Overseas Service Ribbon. He also requests that his reenlistment (RE) code be changed.
2. The applicant states that he believes these errors were oversights while processing his DD Form 214. He contends that he served in Germany from June 1982 to July 1984 and that he got out at his expiration term of service.
3. The applicant provides orders, dated 26 March 1982; a letter, dated 12 June 1982; orders for the Good Conduct Medal; a Letter of Appreciation, dated
10 March 1983; a copy of his DA Form 2-1 (Personnel Qualification Record); a Certificate of Achievement; and a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged errors which occurred on
19 July 1984. The application submitted in this case is dated 28 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. Having prior service in the Army National Guard, the applicant enlisted in the Regular Army on 29 July 1980. He served as an infantryman in Germany from 27 June 1982 through 18 July 1984 and was released from active duty on 19 July 1984 for expiration term of service.
4. The applicants DD Form 214 shows the Good Conduct Medal, the Army Service Ribbon, and the Humanitarian Service Medal as authorized awards. Item 27 (Reenlistment Code) on his DD Form 214 shows the entry, RE-3.
5. The available records fail to show if the applicants tour in Germany was unaccompanied or with dependents.
6. Army Regulation 614-30 (Overseas Service) prescribes the policies related to overseas permanent change of station moves. This regulation also governs overseas tour lengths and credit for tour completion. Table B-1 of the regulation lists overseas tour length and specifically tour length for Germany which is 36 months if accompanied by dependents and 24 months for all others.
7. 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. Evidence of record shows the applicant served 24 months in Germany. However, the available records fail to show if this overseas tour was unaccompanied or with dependents and if he was credited with a completed tour. Therefore, there is insufficient evidence on which to base award of the Overseas Service Ribbon at this time.
2. In the absence of evidence to the contrary, it must be presumed that the applicants RE code was administratively correct and in conformance with applicable regulations. As a result, there is no basis for granting the applicant's request.
3. Records show the applicant should have discovered the alleged errors now under consideration on 19 July 1984; therefore, the time for the applicant to file a request for correction of any error expired on 18 July 1987. 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
JR_____ _DH_____ _RG_____ 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.
__Jeffrey Redmann__________
CHAIRPERSON
INDEX
CASE ID
AR20060010938
SUFFIX
RECON
DATE BOARDED
20070208
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
107.0079
2.
100.0300
3.
4.
5.
6.
ARMY | BCMR | CY2008 | 20080012337
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. Therefore, it would be appropriate to award the applicant the Good Conduct Medal for his period of service from 31 March 1981 through 29 March 1984 and to correct his records to show this award. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2010 | 20100023312
Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Germany from January 1975 through September 1976. His request for a second Army Service Ribbon was noted; however, by regulation, only one award of the Army Service Ribbon is authorized, regardless of whether a Soldier completes both officer and enlisted initial entry training. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2007 | 20070004710C071029
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended to add the Overseas Service Ribbon, the Noncommissioned Officer (NCO) Professional Development Ribbon (NPDR), and the Driver/Mechanic Badge to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized). Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. As a...
ARMY | BCMR | CY2011 | 20110018044
The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Army Commendation Medal * National Defense Service Ribbon * Army Good Conduct Medal * Army Achievement Medal * Overseas Service Ribbon 2. With respect to the Overseas Service Ribbon, his records show he completed 11 months and 18 days of foreign service in Germany. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2009 | 20090021288
The applicant requests, in effect, correction of his records to show award of the Army Reserve Components Achievement Medal, Army Service Ribbon, and the Overseas Service Ribbon. The applicant contends that he is entitled to award of the Army Service Ribbon, Overseas Service Ribbon, Army Reserve Components Achievement Medal and correction of his MOS. As a result, the Board recommends that the State Army National Guard records and the Department of the Army records of the individual...
ARMY | BCMR | CY2013 | 20130005787
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the 2nd Class (now known as Marksman) Marksmanship Qualification Badge with Grenade Bar and Overseas Service Ribbon. Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The evidence of record confirms the applicant did not successfully complete his overseas tour in Germany.
ARMY | BCMR | CY2014 | 20140019893
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by adding the following awards: * Global War on Terrorism Service Medal * National Defense Service Medal * foreign service ribbon (taken to mean the Overseas Service Ribbon) 2. His DD Form 214 shows he was discharged for unsatisfactory performance and only completed 1 year, 3 months, and 25 days of his overseas tour which was considerably less than the prescribed minimum tour length. ...
ARMY | BCMR | CY2005 | 20050003133C070206
The applicant’s records show that he completed two overseas service tours in Hawaii and he was assigned to Germany twice. 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. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2002 | 2002077298C070215
Item 5 (Oversea Service) on the applicant's DA Form 2-1 (Personnel Qualification Record) shows he completed a normal overseas tour in Italy from 2 July 1979 through 29 September 1981. Therefore, the applicant is entitled to award of the Overseas Service Ribbon and correction of his records to show this award. Therefore, he is entitled to award of the Army Service Ribbon and correction of his records to show this award.
ARMY | BCMR | CY2005 | 20050016608C070206
The applicant states, in effect, his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 May 2004 shows one award of the Overseas Service Ribbon; however, he served two overseas tours in Germany and served 12 months in Iraq. However, evidence of record shows he completed three overseas tours (two in Germany and one in Kuwait/Iraq). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...