IN THE CASE OF:	  

		BOARD DATE:  2 August 2012

		DOCKET NUMBER:  AR20110024932 


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 his award of the:

* Overseas Service Ribbon
* Armed Forces Expeditionary Medal

2.  He states he never received the Overseas Service Ribbon or Armed Forces Expeditionary Medal in recognition of his oversea service.  He attributes this oversight to the fact that his unit was in the process of deactivating and he opted to accept an early out.  As a result, they were not added to his DD Form 214.  He is a proud U.S. Army veteran who served his country and discovered these errors during the process of joining the Veterans of Foreign Wars.

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 applicant enlisted in the Regular Army on 25 July 1990.  Upon completion of training he was awarded military occupational specialty 62J (General Construction Equipment Operator).  

3.  His record contains a DA Form 2A (Personnel Qualification Record - Part I), dated 24 July 1993, which reflects the following information in Section IV (Service Data):

	a.  Item 16 (Last Combat Tour/Date) shows he had no combat tours of duty.

	b.  Item 17 (Current/Last Foreign Service Tour/Code) shows his most recent foreign service was in Europe.

4.  His record contains a DA Form 2-1 (Personnel Qualification Record - Part II) which reflects the following information:

	a.  Item 5 (Oversea Service) shows he successfully completed a tour of duty in Germany from 17 July 1992 through 10 September 1993.  There is no indication that he performed any additional oversea service.

	b.  Item 9 (Awards, Decorations and Campaigns) shows award of the Overseas Service Ribbon, but not the Armed Forces Expeditionary Medal.

	c.  Item 35 (Record of Assignments) shows he was assigned to the 58th Combat Engineer Company located in Wildflecken, Germany from 24 July 1992 to 9 September 1993.  There is no indication that he performed any additional oversea service.

5.  On 16 September 1993, he was honorably released from active duty in the rank/grade of specialist/E-4 and he was transferred to U.S. Army Reserve Control Group (Reinforcement) for the completion of his service obligation.  He completed 3 years, 1 month, and 22 days of creditable active service.  His DD Form 214 does not show award or authorization of the Overseas Service Ribbon or the Armed Forces Expeditionary Medal.

6.  The applicant's record is void of any evidence and he has not provided any evidence which shows that he performed any additional oversea service.

7.  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.

8.  Army Regulation 600-8-22 states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  The designated U.S. military operations, areas, and dates are provided in table 2-2 of this regulation.  Service in Germany during the applicant's period of assignment is not shown as qualifying service for award of the Armed Forces Expeditionary Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show award of the Overseas Service Ribbon and the Armed Forces Expeditionary Medal were carefully considered and determined to have partial merit.

2.  Evidence shows he completed a qualifying period of service for award of the Overseas Service Ribbon during his tour of duty in Germany from 17 July 1992 through 10 September 1993.  Therefore, he is entitled to award of the Overseas Service Ribbon and correction of his DD Form 214 to show this ribbon.

3.  The applicant's record is void of any evidence and he has not provided any evidence which shows he served in a qualifying geographic area during a specified time period for award of the Armed Forces Expeditionary Medal.  Therefore, he is not eligible for the requested relief.

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 the Overseas Service Ribbon to his DD Form 214.

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 adding the Armed Forces Expeditionary Medal to his DD Form 214.



      __________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)                                         AR20110024932





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ABCMR Record of Proceedings (cont)                                         AR20110024932



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