IN THE CASE OF:	   

		BOARD DATE:	        16 October 2008

		DOCKET NUMBER:  AR20080011270 


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 correction of his record to show award of the Army Service Ribbon and the Overseas Service Ribbon.

2.  The applicant states, in effect, that he earned each of the requested Service Ribbons while serving on active duty.

3.  The applicant provides regulatory extracts pertaining to the eligibility criteria for the Service Ribbons that he requested and two DD Forms 214 (Report of Separation from Active Duty) as additional documentary evidence in support of this 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 record shows that he enlisted in the Regular Army Delayed Entry Program on 28 February 1974 and entered active duty on 28 June 1974.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty (MOS) 63D (Wheeled Vehicle Mechanic).  The highest rank he attained during this period of active duty was the grade of specialist four (SP4)/pay grade E-4.

3.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served a tour of duty in Germany commencing on 13 November 1974.  Item 35 (Record of Assignments) of this form shows that while stationed in Germany, he was assigned to the 501st Ordnance Company of the 84th Ordnance Battalion for the period of 19 November 1974 through 15 June 1976.

4.  The applicant's DD Form 214 for the period 29 June 1974 through 15 June 1976 shows he served in Germany for a period of 1 year, 6 months, and 27 days. This form also shows the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training) effective 15 June 1976.

5.  The applicant's DD Form 214 for the period 16 August 1977 through 23 May 1978 shows he served 7 months and 6 days of creditable active duty service during this period of time.  This form also shows the applicant did not serve overseas during this period of active duty and indicates his last period of overseas service was in Germany from November 1974 through June 1976.

6.  The applicant's record is void of any evidence of subsequent service on active duty following his discharge on 23 May 1978.

7.  The applicant provides a regulatory extract pertaining to the eligibility criteria for awarding the Overseas Service Ribbon.  He states, in effect, that his overseas service in Germany should qualify him for award of the Overseas Service Ribbon.

8.  Army Regulation 600-8-22 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.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

9.  The applicant provides a regulatory extract pertaining to eligibility criteria for awarding the Army Service Ribbon.  He states, in effect, that his active service before 1 August 1981 should qualify him for award of the Army Service Ribbon.

10.  Army Regulation 600-8-22 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 applicant's contentions that his record should be corrected to show award of the Overseas Service Ribbon and the Army Service Ribbon were carefully considered and determined to have no merit.

2.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon 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.  The applicant was discharged from the Army on 23 May 1978 and did not serve on or after 1 August 1981.  There is no basis for granting the requested relief.  Therefore, he is not entitled to have his records corrected to show receipt of the Overseas Service Ribbon.

3.  Army Regulation 600-8-22 shows that the Army Service Ribbon 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.  The applicant was discharged from the Army on 23 May 1978 and did not serve on or after 1 August 1981.  There is no basis for granting the requested relief.  Therefore, he is not entitled to have his records corrected to show receipt of the Army Service Ribbon.


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)                                         AR20080011270



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ABCMR Record of Proceedings (cont)                                         AR20080011270



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