RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 August 2007
      DOCKET NUMBER:  AR20070004394


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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 that item 13 (Decorations, Medals, Badges,
Citations and Campaign Ribbons Awarded or Authorized) on her DD Form 214
(Certificate of Release or Discharge from Active Duty) be corrected to add
the Overseas Service Ribbon and that item 12e (Total Prior Inactive
Service) be corrected to show she had 4 months of prior inactive service.

2.  The applicant states she served in Germany for 1 year, 3 months, and 5
days, and she believes she should have received the Overseas Service Ribbon
for that assignment.  She also states that she was in the delayed entry
program (DEP) for 4 months.  She also questions why she was not placed in
the U. S. Army (USAR) Control Group (Reinforcement) as her orders stated
she should have been.  In a separate letter, she stated she admits she has
a personality disorder but she has been on medication for the condition for
about 5 years.

3.  The applicant provides her DD Form 214; a DD Form 215 (correction to DD
Form 214); one page from her USAR DEP enlistment contract; and orders
assigning her to the U. S. Army Transition Point.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the USAR DEP on 4 June 1986.  She enlisted in
the Regular Army on 15 October 1986.  She was assigned to Germany on or
about 14 April 1987 for a 24-month tour.

3.  Around June 1988, the applicant’s commander initiated action to
separate her under the provisions of Army Regulation 635-200, paragraph 5-
13 for personality disorder.  On 15 June 1988, the appropriate authority
approved the separation
action and directed the applicant be discharged with an Honorable Discharge
Certificate.

4.  520th Personnel Service Company Orders 152-9, dated 7 July 1988,
reassigned the applicant to the U. S. Army Transition Point, Fort Dix, NJ.
These orders stated the applicant would be released from active duty on 19
July 1988 and assigned to the USAR Control Group (Reinforcement).

5.  Headquarters, U. S. Army Training Center and Fort Dix Orders 201-185,
dated 19 July 1988, discharged the applicant from the Regular Army.

6.  The applicant was honorably discharged on 19 July 1988.  Item 13 of her
   DD Form 214 shows she was awarded the Army Service Ribbon and the
Marksman Marksmanship Qualification Badge Rifle M16.  Item 12e shows she
had no prior inactive service.  Her DD Form 214 was later corrected to
change her Reenlistment Code from code 4 to code 3.

7.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service
Ribbon was established by the Secretary of the Army on 10 April 1981.
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.

8.  Army Regulation 614-30 (Overseas Service), Table D-1 (Criteria for
overseas tour lengths) states, in pertinent part, that the standard
overseas tour for Germany based on Congressional guidance is 36 months for
an accompanied tour and 24 months for an unaccompanied tour.

9.  Army Regulation 614-30, Table 3-2 (Award of tour credit and adjustment
of date eligible to return from overseas/date of return from overseas
(DROS)) states, in pertinent part, that a Soldier will be credited with a
completed tour and awarded a new DROS if he/she serves less than the normal
prescribed overseas tour, and curtailment is for the convenience of the
Government and through no request from or fault of the Soldier.

10.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part, it states the total
amount of prior inactive service, less lost time, if any, will be entered
in item 12e.  It also states that DEP
time that began on or after 1 January 1985 is not creditable service for
pay purposes and will not be entered in this block.

11.  Army Regulation 635-200 (Personnel Separations, Enlisted Personnel)
paragraph 1-36 of the version in effect at the time, stated that only those
Soldiers with no potential to meet mobilization requirements would be
discharged.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s normal tour length for Germany was 24 months.  It is
recognized that she did not depart Germany after completing only 15 months
of the normal tour length at her request or through her fault; however,
neither did she depart at the convenience of the Government.  Both criteria
must have been met for award of the Overseas Service Ribbon.
Unfortunately, she therefore did not meet the eligibility criteria for
award of the Overseas Service Ribbon.

2.  It is acknowledged that the applicant was in the DEP for about 4
months.  However, because DEP service time that began on or after 1 January
1985 is not creditable service for pay purposes the regulatory guidance is
that this service will not be entered in item 12e of the DD Form 214.

3.  The applicant questioned why she was not placed in the USAR Control
Group (Reinforcement) as her orders stated she should have been.  Those
orders erroneously released her from active duty and assigned her to the
USAR Control Group (Reinforcement).  The commander who approved her
separation directed that she be discharged, not released from active duty.
It appears that the commander made a determination that the applicant did
not have the potential to meet mobilization requirements.  Since she states
she is currently on medication for the condition for which she was
discharged, it appears that the commander’s determination to discharge her
rather than release her from active duty was reasonable and prudent.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__le____  __jtm___  __rtd___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  __Lester Echols_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070004394                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070823                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |107.0079                                |
|2.                      |100.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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