MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            22 August 2000    
	DOCKET NUMBER:   AR2000038449

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Kenneth W. Lapin		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Correction of item 12f (Foreign Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) and award of the Overseas Service Ribbon.  

APPLICANT STATES:  That he served in Korea from 26 November 1997 to
26 November 1998 and his foreign service was not entered in item 12f on his discharge document.  He also contends that he was not awarded the Overseas Service Ribbon.  In support of his application, he submits a copy of his DD Form 214.  The Board notes that his application indicates that he provided a copy of travel orders in support of his claim; however, the travel orders were not available to the Board.     

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted on 29 July 1997, served as a multiple launch rocket system crewman and was honorably discharged on 9 February 2000 for hardship.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show any foreign service in item 12f (Foreign Service) and does not show the Overseas Service Ribbon as an authorized award. 

There is no evidence in the applicant’s official military personnel file (OMPF) microfiche which shows he served in Korea or that he completed an overseas tour. 

There is no evidence in the applicant’s OMPF microfiche which shows that he was awarded the Overseas Service Ribbon.

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.  The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, 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 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 and the overseas service is not recognized with another U.S. service medal.  
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  Notwithstanding the applicant’s contention that he served in Korea from 
26 November 1997 to 26 November 1998, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention.  Therefore, there is no basis for correction of item 12f (Foreign Service) on his DD Form 214. 

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows the applicant completed an overseas tour.  Therefore, he is not entitled to correction of his DD Form 214 to show award of the Overseas Service Ribbon.  

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

EW____  MVT_____  KWL____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000038449	
SUFFIX		
RECON		
DATE BOARDED	20000822	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	20000209	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Hardship	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0079	
2.	100.0200	
3.		
4.		
5.		
6.