IN THE CASE OF:	  

		BOARD DATE:	  15 July 2014

		DOCKET NUMBER:  AR20130021351 


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 he is authorized the Overseas Service Ribbon.  He also requests to be issued the Overseas Service Ribbon.

2.  The applicant states he is an honorably discharged veteran and the Overseas Service Ribbon is an important part of his life.  He is a Department of Veterans Affairs volunteer and he is honored to have that distinction.

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.  The applicant enlisted in the Regular Army on 31 July 1957.  He completed training as a unit supply specialist.

4.  The applicant arrived in France on 21 March 1958.  He departed France en route to the United States on 5 May 1960.

5.  On 16 May 1960, he was honorably released from active duty as an overseas returnee.  He completed 2 year, 9 months, and 16 days of total active service.  His DD Form 214 shows he was awarded the Army Good Conduct Medal and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.

6.  Army Regulation 600-8-22 (Military Awards) states 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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  However, he does not meet the criteria for award of the Overseas Service Ribbon.

2.  The applicant served on active duty from 31 July 1957 to 16 May 1960.  The Overseas Service Ribbon was not established until 10 April 1981.  According to the applicable regulation, the award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 only provided they had an Active Army status on or after 1 August 1981 and the applicant did not.

3.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20130021351



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ABCMR Record of Proceedings (cont)                                         AR20130021351



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