IN THE CASE OF:
BOARD DATE: 18 September 2014
DOCKET NUMBER: AR20140001434
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Overseas Service Ribbon.
2. The applicant states he served honorably in the U.S. Army from 1959 to 1962. He was assigned to the 78th Engineer Battalion (Combat) in Germany and he should be awarded the Overseas Service Ribbon.
3. The applicant provides 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 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. A DD Form 214 shows the applicant was inducted into the U.S. Army on
21 July 1959 and honorably discharged on 25 September 1959 to enlist in the Regular Army (RA). He had completed 2 months and 5 days of net active service this period.
3. The applicant enlisted in the RA for a period of 3 years on 26 September 1959. He was awarded military occupational specialty 121 (Combat Engineer).
4. The applicant's DA Form 24 (Service Record) shows in
* Section 4 (Chronological Record of Military Service), he was assigned to Company A, 78th Engineer Battalion, from 17 April 1960 through
30 October 1962
* Section 5 (Service Outside Continental United States), he served in Germany from 12 April 1960 to 2 November 1962
5. A DD Form 214 shows he entered active duty this period on 26 September 1959, was honorably released from active duty (REFRAD) on 2 November 1962 based on early release of overseas returnee, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his military statutory obligation that terminated on 20 July 1965.
a. He had completed 2 years, 11 months, and 6 days of net active service this period that included 2 years, 4 months, and 2 days of foreign service in
U.S. Army Europe (Germany).
b. It also shows in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), as corrected by a
DD Form 215 (Correction to DD Form 214), issued on 9 October 2013, the
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle (M1 and M14 Rifle) Bars
6. A review of the applicant's military service records failed to reveal evidence that he served in an active status in any component of the U.S. Army on or after 1 April 1981 or that he was authorized the Overseas Service Ribbon.
7. Army Regulation 600-8-22 (Military Awards) shows 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 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 applicant contends that his DD Form 214 should be corrected to show the Overseas Service Ribbon.
2. The evidence of record shows the applicant was credited with completion of an overseas tour in Germany when he was REFRAD on 2 November 1962.
3. The evidence of record also shows the Overseas Service Ribbon 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 (emphasis added).
4. There is no evidence that the applicant had an Active Army status on or after 1 August 1981. Thus, he is not entitled to the Overseas Service Ribbon.
5. Therefore, 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 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) AR20140001434
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140001434
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100020039
Army Regulation 600-8-22 (Military Awards) provides that the AFEM is authorized for participants in military operations within a specific geographic area during a specified time period. The regulation states that 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 upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the...
ARMY | BCMR | CY2014 | 20140020136
The applicant states, in effect, he served in Berlin from 1959 to 1962 and his DD Form 214 does not list the National Defense Service Medal, Armed Forces Expeditionary Medal, and Overseas Service Ribbon or Overseas Service Bar for his long overseas tour. Tables 2-3 (Armed Forces Expeditionary Medal) of the regulation shows this award was designated for service in Berlin from 14 August 1961 through 1 June 1963. c. Overseas Service Ribbon was established by the Secretary of the Army on 10...
ARMY | BCMR | CY2015 | 20150001797
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period 10 August 1962 to show the National Defense Service Medal and the Overseas Service Ribbon. The applicant did not have an active Army status after August 1981. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 for the period ending on 10 August 1962, the National...
ARMY | BCMR | CY2011 | 20110001861
The applicant requests his DD Form be corrected to show the award of the National Defense Service Medal, Army Overseas Service Medal, Army Service Ribbon, and NATO Medal 2. He should be awarded the Army Good Conduct Medal for the period 31 August 1959 to 24 August 1962. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Good Conduct Medal for the period from 31 August 1959 to 24 August 1962; and b....
ARMY | BCMR | CY2010 | 20100012147
Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award. The Overseas Service Ribbon was not authorized at the time of his overseas service. As a result, the Board recommends that the records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (1st Award) for the period 16 December 1958 through 15 December 1961 and adding this award to his DD Form 214.
ARMY | BCMR | CY2004 | 20040010455C070208
The applicant requests correction of his records to show award of the Army Service Ribbon, the Overseas Service Ribbon, the Army Good Conduct Medal, and 3 years foreign service credit. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Therefore, his...
ARMY | BCMR | CY2009 | 20090006450
The applicant's records show he enlisted in the Regular Army for a period of 3 years on 10 April 1959. The issuance of the Cold War Certificate is not within this Board's authority. For Army personnel, the National Personnel Records Center will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals.
ARMY | BCMR | CY2013 | 20130000703
The applicant requests, in effect, correction of: * his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 20 October 1959 to show the Airborne Course * his DD Form 214 for the period ending 2 February 1965, to show in: * item 26 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the: * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal * Overseas Service Ribbon * United...
ARMY | BCMR | CY2006 | 20060009163
However, the records show that the applicant is entitled to the award of the Korea Defense Service Medal. Records show that the applicant is entitled to the award of the National Defense Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected as follows: by showing he is entitled to the award of the Army Good Conduct Medal for the period 16 March 1959 through 15 March 1962; b. by awarding him the Korea Defense...
ARMY | BCMR | CY2008 | 20080008899
The applicant requests correction of his records to show award of the North Atlantic Treaty Organization (NATO) Medal, the Army Service Ribbon with Numeral 6, the Overseas Service Medal, the Outstanding Volunteer Service Medal, the Noncommissioned Officer (NCO) Professional Development Ribbon, the Army Superior Unit Award, the Presidential Unit Citation, and the Meritorious Unit Commendation. The applicant was retired on 1 June 1981 and did not have an Active Army status on or after 1...