IN THE CASE OF:	  

		BOARD DATE:	  12 July 2011

		DOCKET NUMBER:  AR20100029789 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Overseas Service Ribbon (OSR).

2.  The applicant states that he served in Germany.

3.  The applicant provides no additional evidence.

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.  Records show the applicant enlisted in the Regular Army on 16 June 2003.  The applicant completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 31F (Network Switching Systems Operator).  The highest rank/grade he attained while serving on active duty was private (PV2)/E-2.  

3.  Records show the applicant was assigned to Company B, 141st Signal Battalion, Wiesbaden, Germany on 18 February 2004.

4.  The applicant's reassignment orders (Orders 173-002, dated 21 June 2004) item (m) (Concurrent/Early Return of the following command sponsored family members is authorized) show "NONE" under the "NAME" field. 

5.  On 26 June 2004, the applicant was honorably discharged (not by reason of his expiration term of service) after completing 1 year and 11 days of active service during this period.  The DD Form 214 he was issued shows he completed 4 months and 9 days of Foreign Service.

6.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  The OSR 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.  Table 3-2 of Army Regulation 614-30 (Overseas Service) states the tour length for service in Germany is 36 months (accompanied) and 24 months (unaccompanied).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the OSR was carefully considered.  However, the available evidence does not support the applicant's request for correction of his DD Form 214 to show award of the OSR.

2.  The available evidence confirms the applicant served in Germany 4 months and 9 days.  He was honorably discharged prior to completing the prescribed tour length.  The applicant did not meet the minimum time required for award of the OSR; therefore, he is not entitled to the 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)                                         AR20100029789



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ABCMR Record of Proceedings (cont)                                         AR20100029789



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