IN THE CASE OF:
BOARD DATE: 18 December 2012
DOCKET NUMBER: AR20120010384
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 the Army Service Ribbon (ASR) and Overseas Service Ribbon (OSR) be added to his 8 August 1977 DD Form 214 (Report of Separation from Active Duty).
2. The applicant states the awards in question should be added to his DD Form 214 based on completion of advanced individual training in 1974 and an overseas tour in Germany in 1977.
3. The applicant provides the documents identified in item 9 (In support of this application, I submit as evidence the following attached documents of his application) in support of his request.
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 applicants record shows he served on active duty in the Regular Army from 14 August 1974 through 8 August 1977, at which time he was honorably released from active duty (REFRAD), in the rank of specialist five (SP5)/E-5. The DD Form 214 he was issued at the time documented his active duty service during this period and shows he completed 2 years, 11 months, and 25 days of active service during the period.
3. The applicant subsequently served in the U.S. Army Reserve and Army National Guard in various capacities through 20 August 1991, at which time he was honorably discharged from the ARNG and as a Reserve of the Army.
4. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. Paragraphs 5-4 and 5-5 provide guidance on award of the OSR and ASR, respectively. Both ribbons were established on 10 April 1981 and authorized for award effective 1 August 1981. Retroactive award was authorized to members who were on active duty or in an active Reserve status as of 1 August 1981.
DISCUSSION AND CONCLUSIONS:
The applicants request to add the ASR and OSR to his 1977 DD Form 214 has been carefully considered and found to have merit. The evidence of record confirms the applicant was in an active Reserve status as of 1 August 1981. Therefore, based on the retroactive provisions of the regulation, it would be appropriate to add the ASR and OSR to his record and his 8 August 1977
DD Form 214.
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 amending his 8 August 1977 by adding the Army Service Ribbon and Overseas Service Ribbon.
_______ _ _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) AR20120010384
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ABCMR Record of Proceedings (cont) AR20120010384
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