MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            18 September 2001
	DOCKET NUMBER:   AR2001057216

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Karen A. Heinz		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:  That the requirement for his entitlement to the Overseas Service Ribbon be waived and that his records be corrected to show his entitlement to marksmanship awards for the M-60, 9mm, M203 and M2 weapons qualification.

APPLICANT STATES:  That although he was assigned to Germany for a 3-year accompanied tour, he only completed 1 year, 5 months and 11 days of his tour.  He further states that he did not complete his tour because he was discharged due to a number of family difficulties he was experiencing.  He goes on to state that while his separation document (DD Form 214) indicates that he was discharged for misconduct, he believes that it was more of a hardship discharge.

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

He enlisted on 10 July 1992 for a period of 3 years, training as a wheel vehicle mechanic and participation in the Army Incentive Enlistment Program.  He completed his training and was transferred to Fort Riley, Kansas. 

He was advanced to the pay grade of E-4 on 1 November 1994 and reenlisted on 30 March 1995 for a period of 3 years.  He remained at Fort Riley until 24 April 1996 when he was transferred to Germany. 

On 20 August 1997 nonjudicial punishment (NJP) was imposed against him for failure to go to his place of duty.  His punishment consisted of a reduction to the pay grade of E-3, a forfeiture of pay (both suspended for 6 months) and extra duty. 

On 25 September 1997, the applicant’s commander notified him that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200, chapter 14, for a pattern of misconduct.  He cited as the basis for his recommendation the applicant’s record of NJP and his failure to respond to numerous counseling sessions regarding his failure to go to his place of duty, lying to noncommissioned officers, failure to obey lawful orders, failure to repair, failure to follow orders, repeated failure to pay his just debts, unsatisfactory performance, enrollment in the overweight program, being disrespectful to noncommissioned officers, failure of the Army Physical Fitness Test, and missing scheduled appointments.  The commander recommended that he be discharged under other than honorable conditions.

The applicant declined the opportunity to consult with counsel and elected not to submit a statement in his own behalf.

The appropriate authority approved the recommendation for separation and directed that the applicant be furnished a General Discharge Certificate.
Accordingly, he was discharged under honorable conditions on 4 October 1997, under the provisions of Army Regulation 635-200, paragraph 14-12b for misconduct.  He had served 5 years, 2 months and 25 days of total active service and was awarded the Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Expert Marksmanship Badge (Rifle M-16) and the Driver and Mechanic Badge.

There is no indication that he has applied to the Army Discharge Review Board for an upgrade of his discharge.

There is also no indication in the applicant’s records that he was ever qualified with the M-60, 9mm, M203 or M2 weapons.  He completed 1 year, 5 months and 11 days of foreign service in Germany and was not credited with a complete foreign service tour.

Army Regulation 600-8-22 provides the criteria for award of the Overseas Service Ribbon (OSR).  It provides, in pertinent part, that the OSR is awarded for successful completion of overseas tours.  Soldiers must be credited with a normal tour completion in order to be awarded the OSR.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  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.

2.  The applicant did not receive credit for completion of his overseas tour and therefore is not entitled to the award of the OSR.  There is also no indication that he qualified in the weapons he claims; therefore, there is no basis to award him those badges as well.

3.  The Board has noted the applicant’s contentions; however, regardless of the circumstances surrounding his discharge, there is no basis to award him the OSR for a tour that he did not complete.

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

___jhl___  ___kah __  __mm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001057216	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/09/18	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  125	105.0100/OSR	
2.  156	107.0110/MARKSMANSHIP BADGES	
3.		
4.		
5.		
6.