IN THE CASE OF:	  

		BOARD DATE:	  18 January 2012

		DOCKET NUMBER:  AR20110014499 


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) to show award of the: 

* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Overseas Service Ribbon
* Army Reserve Components Overseas Training Ribbon

2.  The applicant states he earned the marksmanship qualification badges while stationed at Fort Bragg, North Carolina in June 1983.  He further states, from 1984 through 1985, he served as a Reserve officer training in Germany which should entitle him to wear the respective ribbons.

3.  The applicant provides no evidence. 

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 was appointed as a Reserve commissioned officer in the rank of second lieutenant and executed an Oath of Office on 20 July 1983.  On
12 March 1984, he was ordered to active duty for a period of 3 years and placed on assignment to Germany.  On 5 February 1985, the applicant was discharged under honorable conditions in accordance with chapter 4, Army Regulation
635-120 (Officer Personnel) as a result of misconduct, moral or professional dereliction.

3.  His DA Form 2-1 (Personnel Qualification Record - Part II) contains the following pertinent information:

* Item 5 (Overseas Service) shows assignment to Germany for the period 15 April 1984 through 4 February 1985
* Item 9 (Awards, Decorations, and Campaigns) shows award of the Army Service Ribbon

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) the DD Form 214 that the applicant was issued at the time does not show award of the Sharpshooter Marksmanship Qualification Badge with Pistol Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, Overseas Service Ribbon, or the Army Reserve Components Overseas Training Ribbon.

5.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  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.  

6.  Army Regulation 614-30 (Overseas Service), Table 3-2 (Award of tour credit and adjustment of date eligible to return from overseas/date of return from overseas (DROS)) states a Soldier will be credited with a completed tour and awarded a new DROS if the Soldier serves less than the normal prescribed overseas tour, and the curtailment is for the convenience of the Government and through no request from or fault of the Soldier.

7.  Army Regulation 600-8-22 states the Army Reserve Components Overseas Training Ribbon is awarded to members of the Reserve Components of the Army for successful completion of annual training or active duty for training for a period of not less than 10 consecutive duty days on foreign soil.  Effective 11 July 1984, all members of the Army National Guard and U.S. Army Reserve are eligible for this award if they were active reserve status members of the Army National Guard or U.S. Army Reserve (not on active duty in the active Army).  The Army Reserve Components Overseas Training Ribbon may be awarded retroactively to those personnel who successfully completed annual training or active duty for training on foreign soil in a Reserve status prior to 11 July 1984 provided they had an active status on or after 11 July 1984.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Pistol Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, Overseas Service Ribbon, and the Army Reserve Components Overseas Training Ribbon was carefully considered and determined to lack merit.

2.  His record is void of any evidence and he has not provided any evidence showing he qualified with the pistol or rifle at any point in time.  In the absence of evidence to the contrary there is no basis for granting the requested relief.

3.  The Overseas Service Ribbon is contingent upon the successful completion of an overseas tour.  The applicant received a general discharge under honorable conditions with a narrative reason for separation of “misconduct moral or professional dereliction,” prior to successfully completing his prescribed overseas tour.  Therefore, he is not entitled to the Overseas Service Ribbon.

4.  With regard to the Army Reserve Components Overseas Training Ribbon, the applicant was serving on active duty in the active Army while assigned in Germany and therefore is not entitled to the Army Reserve Components Overseas Training 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)                                         AR20110014499



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ABCMR Record of Proceedings (cont)                                         AR20110014499



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