IN THE CASE OF:
BOARD DATE: 8 July 2008
DOCKET NUMBER: AR20080005389
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, award of the Overseas Service Ribbon (OSR), 2nd Award.
2. The applicant states, in effect, that his separation document (DD Form 214) does not reflect the OSR with Numeral 2 he is entitled to.
3. The applicant provides the following documents in support of his application: Headquarters, 3rd Armored Division Permanent Orders 18-20 announcing award of the Army Commendation Medal (ARCOM), dated 23 February 1981; ARCOM Certificate, dated 12 March 1981; Oath of Extension of Enlistment (DA Form 1695); and Headquarters, Fort Carson and Headquarters, 4th Infantry Division Orders Number 065-715, permanent change of station orders to Germany, dated 5 April 1982.
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 applicants 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 applicants 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 into the Regular Army and entered active duty on 14 March 1978. He was trained in, awarded, and served in military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman), and the highest rank he attained while serving on active duty was sergeant (SGT).
3. The applicant's Personnel Qualification Record (DA Form 2-1) shows, in
Item 5 (Overseas Service), that he completed three overseas tours in Germany during the following periods: 28 July 1978 through 23 March 1981; 17 July 1982 through 2 July 1985; and 11 September 1988 through 27 June 1991. Item 9 (Awards, Decorations & Campaigns) shows he earned the following awards: Army Service Ribbon (ASR); Army Commendation Medal (ARCOM), 3rd Award; Army Good Conduct Medal (AGCM), 2nd Award; OSR (3rd Award); Army Achievement Medal (AAM), 4th Award; Noncommissioned Officer Professional Development Ribbon (NCOPDR) with Numeral 2; National Defense Service Medal (NDSM); Southwest Asia Service Medal (SWASM) with 2 bronze service stars; and Expert Marksmanship Qualification Badge with Rifle and Pistol Bars.
4. On 28 June 1991, the applicant was honorably released from active duty (REFRAD), in the rank of SPC, at the expiration of his term of service. The
DD Form 214 he was issued at the time shows he completed a total of 13 years, 3 months, and 15 days of active military service, of which 12 years and
11 months was served overseas.
5. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he earned the following awards during his active duty tenure: ASR; ARCOM with 2nd Oak Leaf Cluster; AGCM (2nd Award); AAM with 3rd Oak Leaf Cluster; NDSM; SWASM with 2 bronze service stars; NCOPDR; Expert Marksmanship Qualification Badge with Rifle and Pistol Bars.
6. The applicant provides Headquarters, Fort Carson and Headquarters,
4th Infantry Division, Permanent Orders Number 065-715, dated 5 April 1982, which shows he was assigned to that unit in Germany.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 5-4 provides guidance on the OSR. It states that the OSR was established by the Secretary of the Army on 10 April 1981. It is awarded to members of the United States Army for successful completion of overseas tours. It also states that numerals will be used to denote second and subsequent awards of the OSR.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that his records should be corrected to show award of the OSR (2nd Award) was carefully considered and found to have merit. By regulation the OSR is awarded to members of the United States Army for successful completion of overseas tours. The evidence of record confirms the applicant completed three overseas tours in Germany, and that he was awarded the OSR with Numeral 3 based on his completion of these tours, as evidenced by an entry in Item 9 of his DA Form 2-1. Therefore, it would be appropriate to add these awards to his DD Form 214 at this time.
BOARD VOTE:
___X____ __X_____ __X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 13 of his 28 June 1991 DD Form 214 by adding the Overseas Service Ribbon with Numeral 3; and by providing him a correction to his separation document that includes this change.
__________X____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080005389
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080005389
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090001393
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the Army Commendation Medal (ARCOM) with 3rd Oak Leaf Cluster (OLC) (4th Award). The evidence of record shows that the applicant was awarded the ARCOM with 1st OLC in December 1983 and a retirement ARCOM with 3rd OLC in October 1986. Therefore, it would be appropriate at this time to correct his DD Form 214 to add the ARCOM with 3rd OLC.
ARMY | BCMR | CY2011 | 20110024306
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Meritorious Service Medal (MSM) (2nd award) * Army Commendation Medal (ARCOM) (4th award) * Army Achievement Medal (AAM) (3rd award) * Korea Defense Service Medal (KDSM) * any additional awards as a result of his service during Operation Desert Storm * Overseas Service Ribbon (OSR) (6th award) 2. The applicant provides two DD Forms 214, orders and...
ARMY | BCMR | CY2009 | 20090006252
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 April 2004 to show award of the Korea Defense Service Medal, the Iraq Campaign Medal with two bronze service stars, the Global War on Terrorism Service Medal, and the Valorous Unit Award. The applicant provides: a. his DD Form 214; b. a DA Form 2-1 (Personnel Qualification Record - Part II); c. a DA Form 2166-6 (Enlisted Evaluation Report), with the period...
ARMY | BCMR | CY2004 | 20040010795C070208
The applicant states that his DD Form 214 does not show these awards. He completed 7 years, 1 month, and 5 days active military service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by awarding him the GCMDL for the period 22 January 1985 through 21 January 1988; b. by adding the entry "SWA SERVICE: 11FEB91-16MAR91 to item 18 on his DD Form 214;" c. by showing he was awarded the SWASM with one bronze service...
ARMY | BCMR | CY2003 | 2003083450C070212
The applicant requests that his report of separation (DD Form 214) be corrected to reflect his awards of the Good Conduct Medal (GCMDL), the Army Commendation Medal (ARCOM), the Kuwait Liberation Medal (KULM), the Southwest Asia Service Medal (SWASM), the National Defense Service Medal (NDSM), the Valorous Unit Award (VUA) and his Certificates of Achievement and Commendation. The DD Form 214 issued to him at the time of separation indicates that he served 2 years, 5 months and 6 days of...
ARMY | BCMR | CY2011 | 20110019071
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 October 2006 to show the following awards: * Meritorious Service Medal (MSM) (2nd Award) * Army Commendation Medal (ARCOM) (6th Award) * Army Achievement Medal (AAM) (4th Award) * Korea Defense Service Medal (KDSM) 2. Her record contains two orders and she provided two additional orders showing she was awarded a total of four ARCOMs. Her record also contains...
ARMY | BCMR | CY2010 | 20100012416
The applicant also submits a copy of an ARCAM award memorandum, dated 7 October 1995, showing his award of the ARCAM (4th Award) for the period 1 August 1992 to 31 July 1995. He was awarded the OSR for that period of service. The evidence shows that on 7 October 1995 he was issued a memorandum awarding him the ARCAM (4th Award) for the period 1 August 1992 to 31 July 1995.
ARMY | BCMR | CY2007 | 20070011398
The applicant requests, in effect, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her Overseas Service Ribbon (OSR) and the award of the Army Commendation Medal (ARCOM). The applicant's military service records show that she entered active duty on 20 September 2000. Evidence shows that the applicant was awarded the ARCOM.
ARMY | BCMR | CY2012 | 20120009142
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 June 1999 to add the following awards: * Meritorious Service Medal (MSM) (2nd Award) * Army Commendation Medal (ARCOM) (5th Award) * Army Achievement Medal (AAM) (5th Award) * Army Superior Unit Award (ASUA) (2nd Award) * Army Good Conduct Medal (AGCM) (4th Award) * National Defense Service Medal (NDSM) (2nd Award) * Noncommissioned Officer (NCO)...
ARMY | BCMR | CY2009 | 20090010054
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his award of the Army Commendation Medal (ARCOM), a second award of the Purple Heart (PH 1OLC), the Army Service Ribbon (ASR), the Overseas Service Ribbon (OSR) with numeral 2, the Noncommissioned Officer Professional Development Ribbon (NCOPDR), and the Korea Defense Service Medal (KDSM). The available records show that he was wounded on 29 April 1968,...