RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 May 2008 DOCKET NUMBER: AR20070018008 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. Director Analyst The following members, a quorum, were present: Chairperson Member 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, in effect, award of the Army Service Ribbon (ASR) and Overseas Service Ribbon (OSR). 2. The applicant states, in effect, that he should be awarded the ASR and OSR and that these awards should be added to the list of awards contained on his separation document (DD Form 214). 3. The applicant provides his DD Form 214, Disability Retirement Orders, and a Retirement Certificate in support of his application. 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's record shows that he was appointed a second lieutenant in the United States Army Reserve (USAR) on 22 April 1966, and that he entered active duty in that status on 23 May 1966. He was promoted to first lieutenant on 23 May 1967, to captain on 23 May 1968, and to Major on 8 May 1976. 3. The applicant's Personnel Qualification Record (DA Form 2-1) shows that he served in Germany for 45 months from 27 February 1970 through 7 December 1973. Item 9 (Awards, Decorations & Campaigns) shows that he earned the following awards during his active duty tenure: National Defense Service Medal (NDSM); Meritorious Service Medal (MSM) 1st Oak Leaf Cluster (2nd Award), Army Commendation Medal (ARCOM) 1st Oak Leaf Cluster (2nd Award), and Expert Field Medical Badge (EFMB). 4. On 31 January 1980, the applicant was honorably released from active duty, by reason of physical disability, and was placed on the Temporary Disability Retired List (TDRL), in the rank of major. The DD form 214 he was issued at the time shows he completed a total of 13 years, 8 months and 8 days of active military service, and that he had earned NDSM, MSM 1st Oak Leaf Cluster, ARCOM 1st Oak Leaf Cluster, and EFMB during his active duty tenure. The applicant authenticated the DD Form 214 with his signature in Item 21 (Signature of Member Being Separated) on the date of his REFRAD. 5. On 23 July 1982, United States Army Military Personnel Center (MILPERSCEN) Orders Number D142-12 removed the applicant from the TDRL and directed his permanent retirement, in the rank of major, on 31 July 1982. 6. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 5-4 contains guidance on award of the OSR. It 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 this award. The 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 as defined above on or after 1 August 1981. 7. Paragraph 5-5 of the awards regulation contains guidance on award of the ASR. It states, in pertinent part, that effective 1 August 1981, it is authorized to all members of the United States Army for successful completion of initial entry training. It further states that ribbon may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that he should be awarded the ASR and OSR and these awards should be added to his separation document was carefully considered. However, by regulation, the ASR and OSR are authorized to be awarded retroactively only to those members who were in an active Army status on or after 1 August 1981. There are no provisions for awarding it to members who departed an active Army status prior to 1 August 1981. 2. The evidence of record confirms the applicant was REFRAD and placed on the TDRL on 31 January 1980, and that he was not in an active Army status on or after 1 August 1981, and there are no regulatory provisions that allow for retroactive award of the ASR and/or OSR to members who were not in an active Army status on or after 1 August 1981. As a result, the regulatory criteria for award of these ribbons has not been satisfied in this case, and it would not be appropriate or serve the interest of all those who served and faced similar circumstances to grant the requested relief. 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. 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 ABCMR Record of Proceedings (cont) AR20070018008 2 DEPARTMENT OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 1901 SOUTH BELL STREET 2ND FLOOR ARLINGTON, VA 22202-4508