IN THE CASE OF:
BOARD DATE: 23 August 2012
DOCKET NUMBER: AR20120003602
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 service in Germany and all awards he is entitled to receive for his service in Germany.
2. He states his DD Form 214 should have documented his service in Germany.
3. He provides his DD Form 214 and a Letter of Commendation.
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 Regular Army on 26 July 1978. Upon completion of basic and advanced individual training, he was awarded military occupational specialty 64C (Motor Transport Operator).
3. His DA Form 2-1 (Personnel Qualification Record Part II) indicates he served in Germany from 7 June 1979 through 20 July 1981 and he was assigned to Company B, 501st Supply and Transport Battalion.
4. He was honorably released from active duty on 21 July 1981 and transferred to U.S. Army Reserve (USAR) Control Group (Reinforcement). His DD Form 214 shows in:
a. item 12f (Foreign Service) 2 years, 1 month, and 13 days.
b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) he was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar, Driver's Badge with S-Device, and Driver's Badge with W-Device.
5. He provided a Letter of Commendation, dated 4 May 1981, which indicates he was commended for outstanding performance, driving 12,160 accident-free miles in Germany while assigned to Company B, 501st Supply and Transport Battalion.
6. His service record does not indicate he is entitled to any additional awards.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs the amount of foreign service performed during the period covered by the DD Form 214 be entered in item 12f. There was no provision for posting the country in which foreign service was performed on the DD Form 214.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant completed an overseas tour in Germany from 7 June 1979 through 20 July 1981 and his DD Form 214 properly reflects 2 years, 1 month, and 13 days of foreign service.
3. Although he requests his service in Germany be shown on his DD Form 214 by name, there was no provision at the time to identify a Soldier's foreign service location by name. Therefore, there is no basis for granting this portion of the applicant's request. However, a copy of these proceedings will be filed in his record along with his application and should serve to clarify his service in Germany.
4. The evidence of record shows he served on active duty from 26 July 1978 to 21 July 1981 and was transferred to the USAR Control Group (Reinforcement). His service record is void of evidence which indicates he completed active Reserve service on or after 1 August 1981. Therefore, he is not eligible for the Overseas Service Ribbon or any other awards for his service in Germany.
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) AR20120003602
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ABCMR Record of Proceedings (cont) AR20120003602
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