IN THE CASE OF:
BOARD DATE: 23 September 2008
DOCKET NUMBER: AR20080007448
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 that he be awarded the Overseas Service Ribbon (OSR).
2. The applicant states that he should have been awarded the OSR for the 1 year, 10 months, and 20 days he served in Germany.
3. The applicant provides no additional documents with 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 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 enlisted in the Regular Army in Memphis, Tennessee on 6 October 1981, for a period of 4 years and training as a carpentry and masonry specialist. He completed his one-station unit training (OSUT) at Fort Leonard Wood, Missouri and was transferred to Fort Stewart, Georgia for his first permanent duty assignment.
3. On 21 June 1983, he was transferred to Germany for a 24-month unaccompanied tour. He was advanced to the pay grade of E-4 on 6 December 1983.
4. On 10 April 1985, he reenlisted for a period of 4 years and assignment to Fort Eustis, Virginia. He was promoted to the pay grade of E-5 on 2 May 1985.
5. He departed Germany on 10 May 1985 for assignment to Fort Eustis. He had served 1 year, 10 months, and 20 days and was credited with normal tour completion.
6. On 3 October 1986, he was discharged under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12d, for misconduct Drug Abuse. He had served 4 years, 11 months, and 28 days of total active service and his DD Form 214 issued at the time of his discharge shows that he was awarded the Army Achievement Medal with two oak leaf clusters and the Good Conduct Medal.
7. A review of his records also show that he was awarded the Army Service Ribbon based upon his completion of the carpentry and masonry course at Fort Leonard Wood, Missouri.
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.
9. Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. This 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 upon successful completion of initial entry
training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should have been awarded the OSR for his overseas tour in Germany has been noted and found to have merit. The applicant was credited with completion of a tour in Germany and thus is eligible for award of the OSR.
2. Additionally, the applicant was awarded the ASR based upon completion of his initial entry training and it was omitted from his DD Form 214 at the time of his discharge.
3. Accordingly, it would be in the interest of justice at this time to award him the OSR and to add this award to his records, as well as the already-awarded ASR.
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 awarding him the OSR and by adding this award and the already-awarded ASR to his records as well.
_________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) AR20080007448
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080007448
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120021960
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his specialty number as 464.17 Parachute Rigger, his completion of the Basic Airborne Course in 1962, and awards of the Parachutist Badge, Marksmanship badges, National Defense Service Medal, Cold War Victory Medal, Army Service Ribbon, Overseas Service Ribbon, Honorable Service Medal and National Guard and Reserve Medals. The applicant states that his DD...
ARMY | BCMR | CY2010 | 20100009412
Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of OIF. The evidence provided by DFAS and the applicant's award of the Army Commendation Medal are accepted as sufficient evidence to show he served in Kuwait and Iraq from 28 January 2003 through 16 January 2004. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the following...
ARMY | BCMR | CY2008 | 20080005389
IN THE CASE OF: BOARD DATE: 8 July 2008 DOCKET NUMBER: AR20080005389 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, award of the Overseas Service Ribbon (OSR), 2nd Award. 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.
ARMY | BCMR | CY2010 | 20100007416
It stated that the Army GCMDL was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The evidence of record clearly shows the applicant had "excellent" conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for award...
ARMY | BCMR | CY2010 | 20100014310
Application for correction of military records (with supporting documents provided, if any). The applicant was born on 27 January 1970 and enlisted in the Regular Army in Columbia, South Carolina on 7 January 1992 for a period of 3 years, airborne training, and training as a food service specialist. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2011 | 20110016001
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards each of the Army Good Conduct Medal (AGCM) and the Army Service Ribbon (ASR), the Expert Marksmanship Qualification Badge with Grenade and Rifle Bars, the Korea Defense Service Medal (KDSM), his completion of a supply and logistics course in Korea in 1981, and his foreign service. The applicant provides: * his DD Form 214 for the period ending 20 September 1988 * a...
ARMY | BCMR | CY2009 | 20090007903
The applicant requests correction of his record to show award of the Kuwait Liberation Medal-Kuwait, the Korean Service Medal [appears to mean the Korea Defense Service Medal], the Overseas Service Medal [correctly known as the Overseas Service Ribbon], and the Sapper Tab. The applicant's contentions that his record should be corrected to show award of the Kuwait Liberation Medal-Kuwait, the Korea Defense Service Medal, the Overseas Service Ribbon, and the Sapper Tab were carefully...
ARMY | BCMR | CY2008 | 20080016462
The applicant, the son of a deceased former service member (FSM), requests that his late fathers DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1989 be corrected to show award of the Meritorious Service Medal, the Army of Occupation Medal with Germany Clasp, and a fourth award of the Overseas Service Ribbon (OSR). The applicant provides the FSMs death certificate; award orders and a certificate for the Meritorious Service Medal;...
ARMY | BCMR | CY2008 | 20080014954
Item 5 (Oversea Service) shows the applicant served in the Far East Pacific (FEPA) in the Republic of Korea (ROK) from 12 April 1993 through 11 April 1994 and in the U.S. Army Europe (EURA) in Germany from 20 October 1996 through 14 October 1999. c. Item 9 (Awards, Decorations, and Campaigns) shows he was authorized the Army Commendation Medal, Army Achievement Medal (3rd Award), Good Conduct Medal (2nd Award), National Defense Service Medal, Army Service Ribbon, Noncommissioned Officer...
ARMY | BCMR | CY2004 | 20040009175C070208
The applicant requests, in effect, the award of the Overseas Service Ribbon (OSR) and the Army of Occupation Medal with Germany Clasp (AOM). The award of the AOM with Germany Clasp is authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990. The evidence of record shows that the applicant completed 17 months oversea service and did not complete the normal tour.