IN THE CASE OF: BOARD DATE: 29 December 2010 DOCKET NUMBER: AR20100016451 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 award of the Army Service Ribbon, Overseas Service Ribbon, and Armed Forces Expeditionary Medal. 2. He states he feels that he qualifies for these awards according to the criteria set forth by the Department of the Army. He also states the Army Service Ribbon can be awarded retroactive. He was never advised of the Overseas Service Ribbon before reading about it and same for the expeditionary medal. 3. He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 military records show he enlisted in the Regular Army, in pay grade E-1, on 12 September 1962, for 3 years. He completed training and was awarded military occupational specialty 71A (Clerk). He served in Ethiopia from 8 September 1963 through 2 February 1964. 3. He was honorably released from active duty at the expiration of his term of service, in pay grade E-4, on 10 September 1965. He was transferred to the U.S. Army Reserve Control Group (Reinforcement). 4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists no awards. 5. On 21 August 2008, in response to his request, the Board recommended correction to his records by awarding him the Army Good Conduct Medal, National Defense Service Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-1). On 18 February 2009, he was issued a DD Form 215 (Correction to DD Form 214) adding those awards to his DD Form 214. 6. Army Regulation 600-8-22 (Military Awards) states the Army 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 upon successful completion of initial entry training. The award 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. 7. Army Regulation 600-8-22 also 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. 8. Army Regulation 600-8-22 further states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. Service in Ethiopia was not designated as a specific geographic area authorized for award of the Armed Forces Expeditionary Medal. DISCUSSION AND CONCLUSIONS: 1. The evidence of record does not show the applicant met the criteria for award of the Army Service Ribbon, Overseas Service Ribbon, and Armed Forces Expeditionary Medal during the period of his active duty service. Therefore, there is insufficient evidence on which to base an award of those awards in this case and their addition to his DD Form 214. 2. In view of the foregoing, there is no basis for granting his request. 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) AR20100016451 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100016451 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1