RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 July 2007
DOCKET NUMBER: AR20070002080
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Jonh N. Slone
Chairperson
Mr. David K. Haasenritter
Member
Ms. LaVerne M. Douglas
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 military records to show award of the Overseas Service Ribbon.
2. The applicant states that he served overseas in Alaska from July 1952 to December 1953 and believes that he is entitled to award of the Overseas Service Ribbon.
3. The applicant provides a Drivers Certificate of Achievement and a Letter of Recommendation.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 9 January 1954, the date of his discharge. The application submitted in this case is dated 30 January 2007.
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. On 31 January 1951, the applicant enlisted in the Regular Army. He completed his initial training as a Track Vehicle Mechanic.
4. The Certificate of Achievement provided by the applicant shows that he performed duty as a light truck driver from 1 February to 31 July 1953, with the 93rd Antiaircraft Artillery Battalion, at Ladd Air Force Base, Alaska.
5. The Letter of Recommendation, from the Commander, Battery A, 93rd Antiaircraft Artillery Battalion, dated 15 December 1953, as provided by the applicant, states that he had been assigned to this unit as a motor pool sergeant for 34 months.
6. On 9 January 1954, the applicant was honorably discharged from active duty. He attained the rank of sergeant and had completed 2 years, 11 months and
9 days of creditable active duty.
7. Item 27 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214, lists his awards as the National Defense Service Medal.
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 United States service medal.
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows that the applicant served in Alaska during the period from 1952 to 1953. However, there is no evidence to show that he served on active duty on or after 1 August 1981. Therefore, he is not eligible for award of the Overseas Service Ribbon.
2. In view of the above, the applicants request should not be granted.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 9 January 1954; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
8 January 1957. 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
__LMD__ ___DKH _ __JNS __ 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.
______John N. Slone______
CHAIRPERSON
INDEX
CASE ID
AR20070002080
SUFFIX
RECON
DATE BOARDED
20070717
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
107
2.
3.
4.
5.
6.
ARMY | BCMR | CY2014 | 20140016462
The applicant requests award of the Combat Infantryman Badge (CIB), Purple Heart, and the Korean Service Medal (KSM) with three bronze service stars. He states he should have been awarded the CIB and the KSM with three bronze service stars. There is no evidence in the available record and the applicant provides insufficient evidence to show he was eligible for award of the CIB.
ARMY | BCMR | CY2014 | 20140004046
A DD Form 214 for this period of service (4 October 1951 to 5 January 1958) is not available for review with this case. A DD Form 214 (enlisted) for his period of service from 4 October 1951 to 5 January 1958 is not available for review with this case. As a result, the Board recommends denial of so much of the application that pertains to listing his: * service in Korea from September 1952 to September 1954 * overseas assignments in Germany, Kwajalein, and Korea * rank as sergeant first...
ARMY | BCMR | CY2006 | 20060009900
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 February 2007 DOCKET NUMBER: AR20060009900 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. Therefore, he is entitled to have his records corrected to show these awards on his DD Form 214, dated 22 December 1952. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2006 | 20060013413
On 30 June 1954, the applicant, at a general court-martial (GCM) pled not guilty to the charge of desertion and guilty to the lesser included offense of AWOL for the period from 21 February to 8 June 1954. The evidence of record clearly shows that the applicant was wounded in action against a hostile force on 1 December 1952; received medical treatment, and is "entitled" to the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2004 | 2004105408C070208
The FSM's military records were lost or destroyed in the National Personnel Records Center fire of 1973. DD Form 217A, Certificate of Service, that the applicant provided, shows that on 8 October 1950, the FSM was recalled to active duty and served until 21 August 1951. The FSM had a copy of the DD Form 214 that was issued to him on his release from active duty on 11 April 1950.
ARMY | BCMR | CY2009 | 20090013248
The applicants military records are not available to the Board for review. Item 27 does not show award of the CIB or the "Combat Service Medal." The applicant contends that his DD Form 214 should be corrected to show award of the CIB, Combat Service Medal, and addition of his MOS.
ARMY | BCMR | CY2010 | 20100013788
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Army of Occupation Medal with Germany Clasp. His DD Form 214 covering the period 10 June 1953 through 16 March 1954 contains the following pertinent information: * Item 19 (Date and Place of Entry into Active Service) shows he reenlisted in the Regular Army on...
ARMY | BCMR | CY2011 | 20110002132
The applicant provides: * DD Form 214 * orders awarding him the Bronze Star Medal * DA Form 638 (Recommendation for Award - Meritorious Achievement or Service) CONSIDERATION OF EVIDENCE: 1. Army Regulation 600-8-22 (Military Awards) states the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2015 | 20150002917
It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. One OS Bar is authorized for each 6-month period of active Federal service as a member of a U.S. Service in Korea, between 27 June 1950 and 27 July 1954. Credit toward an OS Bar is authorized for each...
ARMY | BCMR | CY2010 | 20100013964
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. However, there is no evidence in the available record nor has the applicant provided sufficient evidence which shows he was wounded or treated for wounds due to hostile action.