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