IN THE CASE OF:
BOARD DATE: 27 January 2009
DOCKET NUMBER: AR20080017660
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 DD Form 214 (Report of Transfer or Discharge) to show three awards of the Overseas Service Bar.
2. The applicant states that the overseas bars are probably not shown on his DD Form 214 due to an administrative error.
3. The applicant provides a copy of his 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 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 enlisted in the Regular Army on 4 June 1965 for a period of
3 years. He served in Vietnam from 3 December 1965 through 1 December 1966 and from 14 February 1968 through 15 May 1968. On 27 May 1968, he was released from active duty.
3. The applicants DD Form 214 does not show the Overseas Service Bar as an authorized award.
4. Army Regulation 670-1 prescribes the authorization for wear of uniforms and prescribes the awards, insignia, and accouterments authorized for wear on the uniform. In pertinent part, it states that one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U. S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival in Vietnam and the month of departure from Vietnam will count as a whole month for credit toward the overseas service bar.
5. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The regulation, in effect at the time, provided that decorations, medals, badges, commendations, citations and campaign ribbons awarded or authorized would be entered in item 24 on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
Based on Army Regulation 670-1, overseas service bars are items to be worn on the Soldiers uniform and are not awards or decorations. Therefore, there is no basis for granting the applicants 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.
______xxx_ _ _______ ___
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.
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