RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 February 2007 DOCKET NUMBER: AR20060010938 I certify that hereinafter is recorded the true and complete record of the proceedings 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. Jeffrey Redmann Chairperson Mr. David Haasenritter Member Mr. Ronald Gant Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Overseas Service Ribbon. He also requests that his reenlistment (RE) code be changed. 2. The applicant states that he believes these errors were oversights while processing his DD Form 214. He contends that he served in Germany from June 1982 to July 1984 and that he got out at his expiration term of service. 3. The applicant provides orders, dated 26 March 1982; a letter, dated 12 June 1982; orders for the Good Conduct Medal; a Letter of Appreciation, dated 10 March 1983; a copy of his DA Form 2-1 (Personnel Qualification Record); a Certificate of Achievement; and a copy of his DD Form 214. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of alleged errors which occurred on 19 July 1984. The application submitted in this case is dated 28 July 2006. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. Having prior service in the Army National Guard, the applicant enlisted in the Regular Army on 29 July 1980. He served as an infantryman in Germany from 27 June 1982 through 18 July 1984 and was released from active duty on 19 July 1984 for expiration term of service. 4. The applicant’s DD Form 214 shows the Good Conduct Medal, the Army Service Ribbon, and the Humanitarian Service Medal as authorized awards. Item 27 (Reenlistment Code) on his DD Form 214 shows the entry, “RE-3.” 5. The available records fail to show if the applicant’s tour in Germany was unaccompanied or with dependents. 6. Army Regulation 614-30 (Overseas Service) prescribes the policies related to overseas permanent change of station moves. This regulation also governs overseas tour lengths and credit for tour completion. Table B-1 of the regulation lists overseas tour length and specifically tour length for Germany which is 36 months if accompanied by dependents and 24 months for all others. 7. 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. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. DISCUSSION AND CONCLUSIONS: 1. Evidence of record shows the applicant served 24 months in Germany. However, the available records fail to show if this overseas tour was unaccompanied or with dependents and if he was credited with a completed tour. Therefore, there is insufficient evidence on which to base award of the Overseas Service Ribbon at this time. 2. In the absence of evidence to the contrary, it must be presumed that the applicant’s RE code was administratively correct and in conformance with applicable regulations. As a result, there is no basis for granting the applicant's request. 3. Records show the applicant should have discovered the alleged errors now under consideration on 19 July 1984; therefore, the time for the applicant to file a request for correction of any error expired on 18 July 1987. The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING JR_____ _DH_____ _RG_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that 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. 2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned. __Jeffrey Redmann__________ CHAIRPERSON INDEX CASE ID AR20060010938 SUFFIX RECON DATE BOARDED 20070208 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 107.0079 2. 100.0300 3. 4. 5. 6.