Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080009376
Original file (20080009376.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	19 September 2008  

		DOCKET NUMBER:  AR20080009376 


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 she be awarded the Overseas Service Ribbon (OSR).

2.  The applicant states that she served in Germany from 15 July 1975 to 21 April 1978.

3.  The applicant provides Special Orders Number 68 dated 8 April 1975 and her separation document (DD Form 214).

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 military records show that she was commissioned and entered active duty on 17 July 1972.  She was awarded the Area of Concentration of physical therapist and was promoted to captain.

3.  On 15 July 1977 the applicant was honorably released from active duty.  Her separation document shows she served in Germany for 1 year, 11 months, and 23 days.

4.  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.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant served in Germany, she did so before the OSR was created.

2.  Since there is no evidence that the applicant held an active Army status on or after the OSR was created, there is no basis for granting her request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ___X____  ___X___  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.



      _________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)                                         AR20080009376



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080009376



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120017474

    Original file (20120017474.txt) Auto-classification: Approved

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 April 2009 to show the Overseas Service Ribbon (OSR) and the Army Reserve Components Overseas Training Ribbon (ARCOTR)). The applicant states: * she successfully completed an overseas tour in Germany * prior to her mobilization to Germany she was awarded the ARCOTR for her service during a mission in Guatemala in April 2008 3. Orders 08-239-00051, dated 26...

  • ARMY | BCMR | CY2011 | 20110011938

    Original file (20110011938.txt) Auto-classification: Approved

    The applicant requests correction to her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Overseas Service Ribbon (OSR) and the Army Achievement Medal (AAM). Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The evidence of record shows the applicant was awarded the AAM by permanent orders on 18 November 2010.

  • ARMY | BCMR | CY2007 | 20070011398

    Original file (20070011398.txt) Auto-classification: Approved

    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 | CY2014 | 20140006088

    Original file (20140006088.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 to show the Army Good Conduct Medal (AGCM), Army Commendation Medal (ARCOM), and any other medals he may be authorized. The evidence of record does not show that the applicant was awarded the ARCOM. Based on his completion of the Primary NCO Course, it would be appropriate to correct his DD Form 214 to show the NPDR.

  • ARMY | BCMR | CY2008 | 20080018021

    Original file (20080018021.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). 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 status on or after 1 August 1981. The document states "Question 3: Just noticed the change to the OSR criteria where the rule which prohibited the OSR being awarded if another campaign/service medal was given was rescinded.

  • ARMY | BCMR | CY2010 | 20100009717

    Original file (20100009717.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Overseas Service Ribbon (OSR) and the Army Superior Unit Award (ASUA). The DD Form 214 issued at that time shows, in Item 12f (Foreign Service), that the applicant completed 3 months and 15 days of overseas service. However, based on the applicant's active duty service subsequent to 1 August 1981, he is entitled to the OSR for his overseas tour completion in the RVN.

  • ARMY | BCMR | CY2008 | 20080012548

    Original file (20080012548.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant states, in effect, that the OSR should be added to her separation document (DD Form 214), and that a review of her records should be completed to determine if the OSR and training orders were placed in her Official Personnel Military File (OMPF). Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

  • ARMY | BCMR | CY2012 | 20120002588

    Original file (20120002588.txt) Auto-classification: Denied

    The applicant requests his DD Form 214 (Report of Separation from Active Duty) be corrected by adding the Expert Grenade Badge (Expert Marksmanship Qualification Badge with Rifle Bar) and Overseas Campaign Ribbon (Overseas Service Ribbon). The applicant states he earned the Expert Marksmanship Qualification Badge with Grenade Bar and should receive the Overseas Service Ribbon (OSR) for serving during the Vietnam era. The applicant’s request to add the Expert Grenade Badge and Overseas...

  • ARMY | BCMR | CY2015 | 20150000549

    Original file (20150000549.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Korea Defense Service Medal (KDSM) and Overseas Service Ribbon (OSR). The evidence of record shows the applicant served a qualifying period in Korea for award of the KDSM. There is no evidence nor did the applicant provide any evidence that shows he served in an active duty status after 1 August 1981.

  • ARMY | BCMR | CY2011 | 20110014594

    Original file (20110014594.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 November 2005 to show: * foreign service from 4 December 2000 to 8 December 2003 * the Iraq Campaign Medal (ICM) with two campaign stars * the Overseas Service Ribbon (OSR) * the Army Achievement Medal (AAM) * the Unit Supply Course was 8 weeks long * she completed the "LOG 73" course * the German Head Start Course 2. It states for: a. item 12f,...