IN THE CASE OF
BOARD DATE: 28 August 2014
DOCKET NUMBER: AR20140001267
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 Overseas Service Ribbon (OSR).
2. The applicant states he served one full year in Vietnam.
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* two Witness Statements (one with Notary Acknowledgement)
* Permanent Change of Station Order
* National Personnel Records Center (NPRC) Letter
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. On 25 February 1966, the applicant was inducted into the Army of the United States. He was trained in and awarded military occupational specialty (MOS) 64B (Heavy Vehicle Driver).
3. Section 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 28 September 1966 to 27 September 1967. His record shows he earned the following awards based on this service:
* Vietnam Service Medal with 4 bronze service stars
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation
* RVN Campaign Medal with Device 1960
4. On 27 February 1968, the applicant was honorably released from active duty after completing 2 years of active military service. His DD Form 214 and a DD Form 215 (Correction to the DD Form 214) shows, in addition to his foreign service awards, he also earned the following awards:
* Army Good Conduct Medal
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
5. The applicant provides two witness statements from individuals who indicate they were assigned with the applicant during his tour in Vietnam.
6. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 5-4 provides guidance on the OSR and it states this award became effective 1 August 1981, and that there were no retroactive provisions that allowed its award to members who were not in an active Army status on or after the 1 August 1981 effective date.
DISCUSSION AND CONCLUSIONS:
The applicant contends he should be awarded the OSR. However, this award became effective on 1 August 1981, and there are no retroactive provisions that allowed award of this ribbon to members who were not in an active status on or after the 1 August 1981, the effective date for the award. Therefore, there is an insufficient evidentiary basis to support granting the 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 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) AR20140001267
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ABCMR Record of Proceedings (cont) AR20140001267
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