BOARD DATE:	  26 January 2012

		DOCKET NUMBER:  AR20110015267 


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.

2.  The applicant states he is entitled to the Overseas Service Ribbon for serving his country in Operation Enduring Freedom (OEF).

3.  The applicant provides his DD Form 214 and two DD Forms 215 (Correction to 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.  Having prior enlisted service in the U.S. Army Reserve, the applicant was ordered to active duty on 7 February 2003 in support of OEF in military occupational specialty 88M (Motor Transport Operator) in the rank/grade of sergeant/E-5.

3.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows he served  7 months and 26 days of foreign service.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) the DD Form 214 that the applicant was issued at the time does not show award of the Overseas Service Ribbon.

5.  Item 18 (Remarks) of the applicant’s DD Form 214 shows he served in Southwest Asia for the period 26 February 2003 through 21 October 2003.

6.  On 27 November 2003, he was honorably released from active duty upon completion of required active service.

7.  Army Regulation 600-8-22 (Military Awards) 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.  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Information received from U.S. Army Human Resources Command on 29 November 2011 stated they were provided guidance from G-1 in January 2006 to award short tour credit to those Soldiers who served a combat deployment/operational deployment (non-combat) tour for 9 months or 8 months and 16 days or more.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant served in Southwest Asia from 26 February 2003 to 21 October 2003.  This period of service equates to             7 months and 26 days of foreign service; therefore, he is not entitled to award of the Overseas Service Ribbon.









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)                                         AR20110015267





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ABCMR Record of Proceedings (cont)                                         AR20110015267



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