IN THE CASE OF:	  

		BOARD DATE:	  29 July 2010

		DOCKET NUMBER:  AR20100000569 


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 award of the Overseas Service Ribbon.  He also requests his duty military occupational specialty (MOS) be changed to 63C (General Vehicle Repairman).

2.  The applicant states he wants his duty MOS to be changed to 63C from 1975 to 1977 to reflect the work he actually performed while in the service.

3.  The applicant provides copies of:

* his DD Form 214 (Report of Separation from Active Duty) with an effective date of 23 May 1977
* item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record)

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's military personnel records show he enlisted in the Regular Army on 28 May 1974 for a period of 3 years.  He completed basic combat training and advanced individual training and was awarded MOS 63B (Light Wheel Vehicle Mechanic).

3.  Item 35 of the applicant's DA Form 2-1 shows he was assigned with duty MOS 63B entered effective:

* 1 September 1975 - 40th Supply and Services Company, Fort Carson, CO - wheel vehicle mechanic
* 3 December 1975 - Headquarters and Headquarters Battery, 3rd Battalion, 79th Field Artillery, Germany - track vehicle mechanic helper
* 15 December 1975 - Service Battery, 3rd Battalion, 79th Field Artillery - track vehicle mechanic
* 15 July 1976 - Headquarters and Headquarters Company, V Corps, Germany - wheel vehicle mechanic

4.  The applicant completed an overseas tour of duty in Germany during the period 1 December 1975 through 17 May 1977.

5.  On 23 May 1977, the applicant was released from active duty.  He had completed 2 years, 11 months, and 26 days of active service that was characterized as honorable.  He was discharged from the Ready Reserve on 25 February 1980 with an honorable discharge.

6.  Army Regulation 640-2-1 (Personnel Qualification Records), then in effect, prescribed instructions for preparing, maintaining, and disposing of the DA Form 2-1.  Table 3-1 provided the instructions for recording entries on the DA Form 2-1.

	a.  Item 35 – paragraph 2b(3) stated entries of assignments would be made in chronological order and reflect a record of all military service of the individual.  A new line entry is required upon reassignment and two or more calendar days' lapse between date of departure and date of arrival at new station.

	b.  Item 35 – paragraph 2c(2) stated the duty MOS was to be the MOS code for the duty described in the "principal duty" column.

7.  Army Regulation 600-8-22 (Military Awards) provides that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation provides 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.

8.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Overseas Service Ribbon and his duty MOS in item 35 of his DA Form 2-1 should be 63C.

2.  The duty MOS's in item 35 of the applicant's DA Form 2-1 accurately describe the duties listed in the principal duty column of the form.   Therefore, the form reflects that he was assigned duties in his assigned MOS 63B.  The form does not show he was ever assigned as a general vehicle repairman (63C).  There is no substantiative evidence to dispute the entries in item 35.  Therefore, it is presumed the entries are correct.

3.  The applicant successfully completed a tour of duty in Germany on 17 May 1977.  The regulation states the Overseas Service Ribbon may be awarded for tour completions before 1 August 1981 provided the Soldier had an Active Army status on or after 1 August 1981.  The applicant was discharged from the Ready Reserve on 25 February 1980, thereby showing he had no military status as of 1 August 1981.  Therefore, he is not entitled to the Overseas Service Ribbon.

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)                                         AR20100000569



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100000569



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1