IN THE CASE OF:
BOARD DATE: 4 November 2008
DOCKET NUMBER: AR20080014866
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 he completed a 36-month tour in Alaska, which should entitle him to the OSR in accordance with the governing regulation.
3. The applicant provides his separation document (DD Form 214) 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 applicant's records show that he enlisted into the Regular Army (RA) and entered active duty on 15 January 1991. He was trained in, awarded, and served in military occupational specialty 11B (Infantryman), and specialist (SPC) is the highest rank he attained while serving on active duty.
3. The applicant's record contains a Personnel Qualification Record
(DA Form 2-1) which shows, in Item 5 (Oversea Service), that he completed a 36-month overseas tour in Alaska from 19 August 1991 through 18 August 1994. Item 9 (Awards, Decorations, & Campaigns) shows he earned the following awards during his active duty tenure: Army Service Ribbon (ASR), National Defense Service Medal (NDSM), Army Good Conduct Medal (AGCM), Parachutist Badge, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.
4. The applicant's record contains Headquarters, U.S. Army Infantry Center, Orders Number 204-141, dated 23 July 1991, which were permanent change of station (PCS) orders that reassigned the applicant to Fort Richardson, Alaska.
5. On 1 September 1994, the applicant was honorably discharged in the rank of SPC. The DD Form 214 he was issued at the time shows he completed a total of 3 years, 7 months, and 17 days of active military service. Item 12f (Foreign Service) shows he completed 3 years and 13 days of overseas service.
6. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he earned the following awards during his active duty tenure: NDSM, AGCM, ASR, Parachutist Badge, and Marksman Marksmanship Qualification Badge with Rifle Bar.
7. 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. Army Regulation 614-30 states, in pertinent part, that overseas tour areas and tour lengths are contained in Appendix Q of the Joint Federal Travel Regulation (JFTR). Appendix Q of the JFTR identifies Alaska as an overseas tour area and indicates the normal tour length is 36 months.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that his records should be corrected to show award of the OSR was carefully considered and found to have merit. By regulation, the OSR is awarded to members of the United States Army for successful completion of overseas tours. The evidence of record confirms the applicant completed an overseas tour in Alaska, as evidenced by an entry in Item 9 of his DA Form 2-1 and PCS orders contained in his records. Therefore, it would be appropriate to add this award to Item 13 of his DD Form 214 at this time.
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 amending Item 13 of his 1 September 1994 DD Form 214 by adding the Overseas Service Ribbon, and by providing him a correction to his separation document that includes this change.
_________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) AR20080014866
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ABCMR Record of Proceedings (cont) AR20080014866
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