IN THE CASE OF:
BOARD DATE: 2 October 2012
DOCKET NUMBER: AR20120003351
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 Overseas Service Ribbon (OSR).
2. The applicant states that he is entitled to the OSR for serving 1 year and
20 days in Alaska. He continues by stating that the award is not listed on his
DD Form 214 and it is his understanding that he should have received one. He further states the award was omitted due to an administrative error.
3. The applicant provided a copy of 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 applicants 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 applicants 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 5 October 1982. He completed basic training and was awarded military occupational specialty (MOS) 11B (Infantryman).
3. The applicant's DD Form 214 shows the following awards:
* Noncommissioned Officer Professional Development Ribbon Level 1
* Army Service Ribbon
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* Parachutist Badge
* Ranger Tab
4. The applicant did not provide any orders to show when he was assigned overseas for duty in Alaska. However, his DD Form 214 shows that he was released from active duty at Fort Richardson, Alaska and that he completed 1 year and 20 days of foreign service.
5. On 1 September 1986, he was honorably released from active duty under the provisions of section II, chapter 5, Army Regulation 635-200 (Personnel Separations), by reason of Directed by Service Secretary, and transferred to Company B, 142nd Engineer Battalion, Army National Guard. This form also shows he completed 3 years, 10 months, and 27 days of creditable service.
6. Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon is awarded for successful completion of overseas tours.
7. Rule 2 of Table 3-2 of Army Regulation 614-30 (Overseas Service) states "completion of tour credit" is awarded if the Soldier serve less than the normal prescribed overseas tour and is curtailed for the Convenience of the Government.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show award of the OSR was carefully considered and found to have merit.
2. The evidence of record shows the applicant was credited with completion of overseas tour credit for his assignment in Alaska after having served 1 year and 20 days of foreign service based on being released from active duty under the provision of section II, chapter 5 of Army Regulation 635-200 for the Convenience of the Government. Therefore, based on the foregoing, it would be appropriate to correct his DD Form 214 to show the OSR.
BOARD VOTE:
___X____ ____X __ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the OSR 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) AR20120003351
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