IN THE CASE OF:
BOARD DATE: 19 August 2014
DOCKET NUMBER: AR20130021830
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 award of the Army Service Ribbon and the Overseas Service Ribbon.
2. The applicant states the ribbons were either established the year he was discharged and the knowledge about them may not have been available to the command at the time or they were established after he was discharged.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 12 June 1978.
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows in:
* item 5 (Oversea Service) Germany from 15 January 1977 through 11 February 1979
* item 9 (Awards, Decorations, and Campaigns)
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber) and Rifle Bar (M-16)
* item 35 (Record of Assignments), in part
* Company A, 94th Military Police Battalion, Germany, from 27 January 1977 to 20 June 1977
* 92nd Military Police Company, Germany, from 21 June 1977 to 11 February 1979
4. He was honorably released from active duty on 11 June 1981 and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows in:
* item 12f (Foreign Service) 2 years and 27 days
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized)
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber) and Rifle Bar (M-16)
5. His records are void of and he does not provide any evidence of active service after 11 June 1981.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. 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 this award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with normal overseas tour completion before 1 August 1981 provided they had an active Army status on or after 1 August 1981. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.
b. The Army 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 this award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an active Army status on or after 1 August 1981.
c. The U.S. Army Human Resources Command later defined active status for members of the Army National Guard and Army Reserve as it pertains to award of the Overseas Service Ribbon and Army Service Ribbon as service performed resulting in pay.
DISCUSSION AND CONCLUSIONS:
1. Although the Army Service Ribbon and the Overseas Service Ribbon were established on 10 April 1981 prior to the applicant's discharge, the individual concerned had to have an active Army status on or after 1 August 1981 to be eligible for this award.
2. The applicant's records are void of and he does not provide any evidence of service resulting in pay after 11 June 1981.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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 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) AR20130021830
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ABCMR Record of Proceedings (cont) AR20130021830
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