IN THE CASE OF:
BOARD DATE: 26 August 2009
DOCKET NUMBER: AR20090005338
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded the Overseas Service Ribbon (OSR).
2. The applicant states he was in Germany for 1 year, 3 months and 21 days.
3. The applicant provides 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's military records show that he was inducted in the Army on 28 October 1971, was awarded the military occupational specialty of textile leather repairman, and was promoted to pay grade E-3. He served in Europe for 1 year, 3 months and 25 days. He was honorably released from active duty on 15 October 1973.
3. Army Regulation 600-8-22 (Military Awards) shows that the Secretary of the Army established the Overseas Service Ribbon 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 Overseas Service Ribbon will not be awarded for overseas service recognized by another U.S. service medal. It 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 Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal. The ribbon denotes the first award and numerals, starting with the numeral 2, are used to denote the second and subsequent awards of the Overseas Service Ribbon.
DISCUSSION AND CONCLUSIONS:
1. Since the applicant was released from active duty in 1973, he is not entitled to the Overseas Service Ribbon which was effective on 1 August 1981.
2. As such, there is no basis for granting the applicant's 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.
_______ _ 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) AR20090005338
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ABCMR Record of Proceedings (cont) AR20090005338
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