IN THE CASE OF:
BOARD DATE: 5 MARCH 2009
DOCKET NUMBER: AR20080018021
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 (Certificate of Release or Discharge from Active Duty) to show award of the Overseas Service Ribbon (OSR).
2. The applicant states that he served overseas from 1978 to 1980 as a member of the Berlin Garrison and that he received the Army of Occupation Medal. He contends that a few years later when the Army created the OSR, award of any campaign medal prohibited entitlement to the OSR. However, in 2005 this provision was rescinded and award of the OSR was allowed for successful completion of an overseas tour regardless of any other campaign medal awarded. He believes his tour in 1978 to 1980 now qualifies him for award of the OSR.
3. The applicant provides no documentary evidence 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 enlisted in the Regular Army on 14 June 1978 and served as an infantryman and heavy antiarmor weapons infantryman. On 28 April 1988, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-8, for reduction in authorized strength, the Fiscal Year 1988 Early Transition Program. His DD Form 214 shows, among other awards, the Army Occupation Medal (Berlin).
3. Item 5 (Oversea Service) on the applicants DA Form 2-1 (Personnel Qualification Record) shows he completed a tour in Germany from 18 October 1978 to 15 December 1980.
4. Army Regulation 600-8-22 (Military Awards) shows that the OSR 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 status on or after 1 August 1981.
5. A Frequently Asked Questions document from the U.S. Army Human Resources Command contains information pertaining to the OSR. The document states "Question 3: Just noticed the change to the OSR criteria where the rule which prohibited the OSR being awarded if another campaign/service medal was given was rescinded. Is this change retroactive?
Answer: Since the policy was eliminated, Soldiers who have received "normal overseas tour credit" for past deployments to designated areas in accordance with Army Regulation 614-30 (Overseas Service) may now have their records updated with the OSR."
DISCUSSION AND CONCLUSIONS:
Since the applicant was eligible for award of the Army of Occupation Medal (Berlin) at the time his DD Form 214 was prepared, he was not eligible for award of the OSR. However, since the rule which prohibited the OSR being awarded if another campaign/service medal was given was rescinded, the entry in item 5 on the applicants DA Form 2-1 which shows he completed a 26-month overseas tour in Germany is accepted as sufficient evidence on which to amend his DD Form 214 to show award of the OSR.
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 adding the OSR to his DD Form 214.
_______ _ _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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