IN THE CASE OF:	

		BOARD DATE:	9 September 2009  

		DOCKET NUMBER:  AR20090008262 


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) for the period ending 19 June 1997 to show award of the Army Service Ribbon.  In addition, he further requests that his DD Form 214 be corrected to show the Overseas Service Ribbon (1st Award) instead of the Overseas Service Ribbon (2nd Award).

2.  The applicant states, in effect, that he was awarded the Army Service Ribbon and that his DD Form 214 erroneously shows two awards of the Overseas Service Ribbon.

3.  The applicant provides his DD Form 214: a memorandum from the 7238th U.S. Army Medical Support Unit, dated 24 August 2002; and an Enlisted Record Brief (ERB), prepared on 20 April 2009.

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 applicant’s 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 applicant’s 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 U.S. Army Reserve (USAR) on 1 May 1996 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 91E (Dental Specialist).    

3.  On 5 December 1996, the applicant was ordered to active duty.  He was deployed to Germany in support of Operation Joint Endeavor/Joint Guard for the period 15 December 1996 through 6 June 1997.

4.  On 19 June 1997, the applicant was honorably released from active duty.

5.  Item 12f (Foreign Service) of the applicant's DD Form 214 for the period ending 19 June 1997 shows the entry "0001" year(s), "00" month(s), and "01" day(s).  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) shows award of the Army Achievement Medal (2nd Award), the Armed Forces Service Medal, the National Defense Service Medal, the Armed Forces Reserve Medal with "M" Device, the Overseas Service Ribbon (2nd Award), the Army Reserve Components Overseas Training Ribbon, the Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  Item 18 (Remarks) shows the entry "SERVICE IN GERMANY FROM 961215 TO 970606."

6.  A memorandum from the 7238th U.S. Army Medical Support Unit, dated 
24 August 2002, shows that the applicant was awarded the Army Service Ribbon for the period 15 December 1996 through 6 June 1997 for completion of
4 months active duty service.

7.  Section - I (Assignment Information) of the applicant's ERB, prepared on 
20 April 2009, shows he was deployed to Germany for the period 15 December 1996 through 6 June 1997. 

8.  There is no evidence in the applicant's available military records that shows he served overseas twice during his active duty service for the period
5 December 1996 through 19 June 1997.

9.  Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This 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 upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

10.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon 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 Army status on or after 1 August 1981.

11.  Army Regulation 614-30 (Overseas Service) prescribes the policies related to overseas permanent change of station moves.  This regulation also governs overseas tour lengths and credit for tour completion.  Table B-1 of the regulation in effect at the time lists overseas tour length and specifically tour length for Germany, which is 36 months if accompanied by dependents and 24 months for all others.

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for item 12f, from the ERB, enter the total amount of foreign service completed during the period covered by this DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Service Ribbon for the period 
15 December 1996 through 6 June 1997.  Therefore, his DD Form 214 should be amended to add this award.

2.  The applicant's ERB shows he was deployed to Germany during the period
15 December 1996 to 6 June 1997 for 5 months and 23 days of foreign service; however, item 12f of his DD Form 214 for the period ending 19 June 1997 shows the entry 1 year and 1 day, which well exceeded the beginning and/or ending period of his active duty service this period.  Obviously, the item 12f entry was in error.  Additionally, the applicant was credited with two awards of the Overseas Service Ribbon, also in error.  By regulation, in order to receive tour completion credit for his tour of duty in Germany and be eligible for the Overseas Service Ribbon, he would have had to complete a 36 months with dependants or 24 month all others tour, which he did not.  Therefore, he was not entitled to a 2nd award of the Overseas Service Ribbon.

3.  Although it appears that an administrative error was made in the issuance of
his DD Form 214 for the period ending 19 June 1997, it has long been an unwritten policy of the Board that an applicant will not be made worse off than when they applied to the Board.  For this reason, the Board will not take any action to affect the administrative change to the number of Overseas Service Ribbons and foreign service credit this period as reflected on his DD form 214.

4.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the number of Overseas Service Ribbons he claims and the number recorded on his DD form 214, and the amount of foreign service completed during the period covered by his DD form 214 for the period ending 19 June 1997.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____x___  ____x____  _____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 for the period ending 19 June 1997 the Army Service Ribbon.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 
denial of so much of the application that pertains to removing one Overseas Service Ribbon and changing the amount of foreign service from the applicant's DD Form 214 for the period ending 19 June 1997.



      ___________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)                                         AR20090008262



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ABCMR Record of Proceedings (cont)                                         AR20090008262



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