IN THE CASE OF:
BOARD DATE: 9 December 2008
DOCKET NUMBER: AR20080011288
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).
2. The applicant states, in effect, his separation document (DD Form 214) does not include the OSR. He claims he spent 1 year, 1 month, and 4 days in Korea and should receive this award for this overseas service.
3. The applicant provides his DD Form 214, an Army National Guard (ARNG) separation document (NGB Form 22), and an Imjin Scout Certificate 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 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 applicants record shows he enlisted in the Regular Army and entered active duty on 25 June 1968, and was trained in and awarded military occupational specialty (MOS) 91B (Medical Corpsman).
3. The applicants Enlisted Qualification Record (DA Form 20) shows he served overseas in Korea from 13 December 1968 through 16 January 1970. Item 41 (Awards and Decorations) shows that he earned the following awards during his active duty tenure: National Defense Service Medal (NDSM); Armed Forces Expeditionary Medal (AFEM)-Korea; Army Good Conduct Medal (AGCM); and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
4. On 24 March 1971, the applicant was honorably released from active duty (REFRAD), in the rank of specialist four (SP4), after completing 2 years and
9 months of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the NDSM,
AFEM-Korea, AGCM; Expert Marksmanship Qualification Badge with Pistol Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
5. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. Paragraph 5-4 contains guidance on award of the OSR. The OSR was established by the Secretary of the Army on 10 April 1981 as announced in Department of the Army General Order 15, 10 October 1990. It is awarded to members of the U.S. Army for successful completion of overseas tours. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for this award. The 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 as defined above on or after 1 August 1981. There were no provisions to retroactively award the OSR to members who were not in an active status on or after 1 August 1981.
DISCUSSION AND CONCLUSIONS:
1. The applicants claim that the OSR should be added to his DD Form 214 because he served in Korea during his active duty tenure was carefully considered. However, by regulation, the OSR was not authorized for award until 1 August 1981, and retroactive award for tours completed prior to 1 August 1981, was not authorized unless the member was in an active status on or after that date. Retroactive award of the OSR to members who were not in an active status on 1 August 1981, was not authorized.
2. The evidence of record confirms the applicant completed his overseas tour in Korea on 16 January 1970 and that he was REFRAD on 24 March 1971. However, given he was not on active duty on 1 August 1981, the effective date for award of the OSR, there are no regulatory provisions that authorize adding the OSR to his DD Form 214.
3. 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. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20080011288
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ABCMR Record of Proceedings (cont) AR20080011288
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