IN THE CASE OF:	  

		BOARD DATE:	  9 September 2008

		DOCKET NUMBER:  AR20080012548 


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, 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).  

3.  The applicant provides a DD Form 214, AE Form 1385-R (Welcome and Clearance Statement), reassignment orders, and an REC-AMW Form 201-A (Eligibility for Display Recognitions and Replacement Medals) in support of her 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 records show that she enlisted into the Regular Army (RA) and entered active duty on 15 October 1981.  She was trained in, awarded, and served in military occupational specialty (MOS) 64C (Motor Transportation Operator), and the highest rank she attained while serving on active duty was specialist four (SP4).  

3.  On 21 February 1984, the applicant was honorably discharged, in the rank of SP4.  The DD Form 214 she was issued at the time shows she completed a total of 2 years, 4 months, and 7 days of active military service.  Item 12f (Foreign Service) shows she completed 6 months and 26 days of overseas service.  

4.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that during her active duty tenure, she earned the Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Grenade Bar.

5.  The applicant provides Headquarters, 4th Infantry Division, Fort Stewart, GA Orders Number 69-3, dated 8 April 1983, which were permanent change of station (PCS) orders that reassigned the applicant to Germany.  

6.  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, in pertinent part, that the OSR is authorized for members upon completion of a normal overseas tour as defined in Army Regulation 
614-30, which stipulates that the normal with dependents tour length for Germany is 36 months, and the normal without dependents tour length is 
24 months. 

7.  Army Regulation 600-8-104 (Military Information Management/Records) prescribes the policies and mandated operating tasks for the Military Personnel (MILPER) Information Management/Records Program of the Military Personnel System.  Paragraph 2-3 prescribes the documents which are authorized for filing in the Official Military Personnel File (OMPF).  Table 2-1 provides guidance on authorized documents for filing in the OMPF.  





DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the OSR should be added to her record was carefully considered.  However, by regulation, the OSR is only authorized for members who actually complete an overseas tour as defined in the governing regulation.  There are no provisions for awarding the OSR to members who do not complete the designated overseas tour length, or who were not granted tour completion credit as an exception to policy.

2.  In this case, the applicant's record confirms she did not complete the designated overseas tour in Germany, and there appears to be no basis to support granting her tour completion credit as an exception to policy.  As a result, there is an insufficient evidentiary basis to support awarding her the OSR, or that would warrant adding it to her record and separation document.  

3.  Training orders or documents that are authorized for filing in the OMPF are defined in the governing regulation.  The applicant's record is void of any training documents and the applicant has failed to provide any training orders or documents that are authorized to be filed in the OMPF.  Therefore, there is no evidence of any error or injustice related to this issue.

4.  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)                                         AR20080012548



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ABCMR Record of Proceedings (cont)                                         AR20080012548


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