IN THE CASE OF:
BOARD DATE: 31 March 2009
DOCKET NUMBER: AR20090001102
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 (Armed Forces of the United States Report of Transfer or Discharge) to show authorization of three overseas service bars.
2. The applicant states, in effect, that he served one overseas tour in the Republic of Vietnam and two overseas tours in the Federal Republic of Germany and should receive three overseas services bars for this service.
3. The applicant provides no additional documentation 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. On 8 February 1968, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty (MOS) 76X (Subsistence Storage Specialist).
3. The applicant served in the Federal Republic of Germany from on or about
17 August 1967 to 17 April 1968.
4. The applicant served in the Republic of Vietnam from on or about 7 June 1968 to 3 June 1969. He returned to the United States on or about
3 June 1969.
5. On 23 March 1970, the applicant was again assigned for duty in the Federal Republic of Germany. He returned to the United States on 1 April 1971.
6. On 2 April 1971, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). He had completed 3 years, 1 month and 25 days of active duty service during this period.
7. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was authorized two overseas service bars.
8. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) provides, in pertinent part, for the authorization and wear of the overseas service bar. Soldiers are authorized wear of the overseas service bar based on qualifying overseas service. One overseas service bar is authorized for each 6-month period of active Federal service as a member of a U.S. Service in the Republic of Vietnam. [Service performed in the Federal Republic of Germany during the applicant's period of service is not shown in this regulation as service qualifying for authorization to wear the overseas service bar].
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is authorized three overseas service bars based on his three period of overseas service.
2. Records show that the applicant served a qualifying period of service in the Republic of Vietnam for authorization to wear two overseas service bars on his uniform. His DD Form 214 reflects this authorization.
3. The applicant's service in the Federal Republic of Germany is not listed in the governing regulation as qualifying service for authorization of the overseas service bar.
4. In view of the above, the applicant's request for a third overseas service bar should be denied.
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) AR20090001102
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