IN THE CASE OF:
BOARD DATE: 20 May 2010
DOCKET NUMBER: AR20090019716
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 he be awarded the Overseas Service Ribbon (OSR) and that it be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states that the directive which established the OSR provided for retroactive award. Since he served in Alaska, which is considered an overseas assignment, he is entitled to the OSR.
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 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 Board requested the applicant's military records from the repository in St. Louis, MO, but without success. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost in that fire. However, there are sufficient records to make a fair, impartial, and equitable determination in this case.
3. The applicant's available military records show that he was inducted into the Army of the United States on 16 August 1951; served 1 year, 5 months, and 8 days overseas; and was promoted to the rank of corporal.
4. He was honorably released from active duty on 7 July 1953. His DD Form 214 shows no awards or decorations.
5. Army Regulation 600-8-22 (Military Awards) provides that effective 1 August 1981, all active members of the Army who successfully complete an overseas tour are eligible for the OSR. Completion of an oversea tour must be in accordance with Army Regulation 614-30 (Overseas Service). The ribbon may be awarded retroactively to those who qualified prior to 1 August 1981 only if they had an active Army status on or after that date.
DISCUSSION AND CONCLUSIONS:
1. While the applicant served overseas, he has not submitted any evidence to show that he served on active duty after 1 August 1981.
2. As such, he is not entitled to the OSR.
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) AR20090019716
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ABCMR Record of Proceedings (cont) AR20090019716
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