IN THE CASE OF: 

		BOARD DATE:  22 August 2018

		DOCKET NUMBER:  AR20170000548


BOARD VOTE:

_________  _______  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ___x____  DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration



		IN THE CASE OF:   

		BOARD DATE:  22 August 2018

		DOCKET NUMBER:  AR20170000548


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error 
or injustice.  Therefore, the Board determined 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.



		IN THE CASE OF:   

		BOARD DATE:  22 August 2018

		DOCKET NUMBER:  AR20170000548


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, in effect, according to his research, the criteria for award 
of the OSR was revised in December 2006 to allow award of the OSR and 
campaign medals.

3.  The applicant provides a copy of his 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 3 years, 2 months and 28 days total prior active service, the applicant 
entered active duty as a member of the Army National Guard on 20 January 
2004.

3.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows he served  
6 months 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 OSR.

5.  Item 18 (Remarks) shows he served in Afghanistan for the period 3 March to 
1 August 2004.

6.  On 30 August 2004, he was honorably released from active duty upon 
completion of required active service.

REFERENCES:

Army Regulation 600-8-22 (Military Awards) states 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.  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:

The evidence of record shows the applicant served in Afghanistan from 3 March  
to 1 August 2004.  This period of service equates to 5 months of foreign service 
which does not meet the minimum time requirement for short tour credit.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                     


Enclosure 1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		
ABCMR Record of Proceedings (cont)	AR20170000548


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 1
ABCMR Record of Proceedings (cont)	AR20170000548


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2