RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 April 2008
	DOCKET NUMBER:  AR20070015131 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Eric N. Anderson

Chairperson

Mr. Peter B. Fisher

Member

Mr. Jeffrey C. Redmann

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, in effect, award of the Overseas Service Ribbon and/or the Overseas Service Bar.

2.  The applicant states that he completed 2 years, 5 months, and 18 days of overseas service with the 93rd Signal Battalion in Germany and likes his records corrected.  He also adds that without this ribbon, he can’t join any organizations.

3.  The applicant provided a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 28 May 1964, in support of his application.

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's records show that he enlisted in the Regular Army for a period of 3 years on 10 June 1961.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS)  321.10 (Lineman).  The highest rank/grade he attained during his military service was private first class (PFC)/E-3.

3.  The applicant’s records show he served in Germany from 20 December 1961 to 27 May 1964 and was assigned to the 93rd Signal Battalion.  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 28 May 1964.   




4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 24 does not show award of the Overseas Service Ribbon or the Overseas Service Bar.  

5.  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. 

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 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that 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.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  Paragraph       28-28d of Army Regulation 670-1 states, in pertinent part, that Soldiers are authorized wear of the overseas service bar as follows (periods selected are only those prior to or shortly after the applicant's military service):

(1)  One overseas service bar is authorized for each 6-month period of active Federal service as a member of a U.S. Service outside CONUS, from 7 December 1941 until 2 September 1946, both dates inclusive.  In computing overseas service, Alaska is considered outside CONUS.  An overseas service bar is not authorized for a fraction of a 6-month period.

(2)  One overseas service bar is authorized for each 6–month period of active Federal service as a member of a U.S. Service in Korea, from 27 June 1950 until 27 July 1954, both dates inclusive.  Credit toward an overseas service bar is authorized for each month of active Federal service as a member of the U.S. Army serving in the designated hostile fire area in Korea from 1 April 1968 until 31 August 1973.  The months of arrival to/departure from the hostile fire pay area are counted as whole months. When credit is given for a month for hostile fire pay, credit for a corresponding month is given toward an overseas service bar.

(3)  One overseas service bar is authorized for each 6–month period active Federal service as a member of a U.S. Service in Vietnam, from 1 July 1958 to 28 March 1973.  The months of arrival to/departure from Vietnam are counted as whole months for credit toward the overseas service bar.  Periods of TDY service in Vietnam where credit is given for hostile fire pay for 1 month, may also be given credit for a corresponding month towards award of an overseas service bar.

(4)  One overseas service bar is authorized for each 6–month period of Federal service as a member of a U.S. Service in the Dominican Republic, from 29 April 1965 to 21 September 1966, both dates inclusive.

(5)  One overseas service bar is authorized for each 6–month period of Federal service as a member of a U.S. Service in Laos, from 1 January 1966 to 28 March 1973.

(6) One overseas service bar is authorized for each 6–month period of Federal service as a member of a U.S. Service in Cambodia from 1 January 1971 until 28 March 1973. Personnel must qualify for hostile fire pay to receive credit for an overseas service bar. The months of arrival to and departure from the hostile fire pay area are counted as whole months.

DISCUSSION AND CONCLUSIONS:

1.  The Army Service Ribbon was established on 10 April 1981.  The award may be awarded retroactively to Soldiers 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.  The applicant was separated on 28 May 1964.  He was not in an active duty status on or after 1 August 1981.  Therefore, he is not entitled to award of the Overseas Service Ribbon. 




2.  Evidence of record shows that the applicant served in Germany from 20 December 1961 to 27 May 1964.  This period of service is not recognized as a qualifying period for award of the Overseas Service Bar.  Therefore, he is not entitled to award of the Overseas Service Bar. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__ena___  __pbf___  __jcr___  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.




							Eric N. Anderson
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.