RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 November 2005
      DOCKET NUMBER:  AR20050001697


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Larry Olson                   |     |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 that he be awarded the Overseas Service Ribbon
(OSR) and the Army Service Ribbon (ASR).

2.  The applicant states, in effect, that at the time the OSR and ASR were
issued, he was still on mobilization orders and those orders were not
revoked until 1994.

3.  The applicant provides a copy of a letter terminating his mobilization
        pre-assignment order in 1994.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 January 1979.  The application submitted in this case is
dated 26 January 2005 and was received on 2 February 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  He initially enlisted in the Regular Army on 29 September 1959 for a
period of 3 years.  He served that enlistment, had a break in service, and
again enlisted and served that enlistment.  He again had a break in service
and again enlisted on 27 February 1961.  He remained on active duty through
a series of continuous reenlistments, attained the pay grade of E-8 on 6
September 1975, was honorably released from active duty on 31 January 1979
and was transferred to the United States Army Reserve Control Group
(Retired) effective 1 February 1979.  He had served 23 years, 11 months,
and 4 days of active service and had 24 years, 4 months, and 4 days of
service for pay purposes.

4.  His records show that he served 50 months of overseas service prior to
1 January 1960 and that he served two tours in Germany and two tours in
Vietnam.

5.  Army Regulation 600-8-22 provides Department of the Army policy,
criteria and administrative instructions concerning military decorations,
service ribbons and medals.  It provides, in pertinent part, that the Army
Service Ribbon (ASR) was established by the Secretary of the Army on 10
April 1981.  It is awarded to members of the United States Army for
successful completion of initial entry training.  Effective 1 August 1981,
all members of the Active Army, Army National Guard, and the United States
Army Reserve (USAR) in an active Reserve status are eligible for this
award.  The ribbon may be awarded retroactively to those personnel who
completed the required training before 1 August 1981 provided they had an
Active Army status as defined above on or after 1 August 1981.

6.  That regulation also provides that the Overseas Service Ribbon (OSR)
was established by the Secretary of the Army on 10 April 1981 and is
awarded to members of the Army for successful completion of overseas tours.
 Effective
1 August 1981, all members of the Active Army, Army National Guard and USAR
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 before 1 August 1981 provided they had an active status as
defined above on or after 1 August 1981.  The OSR will not be awarded for
overseas service recognized with another United States service medal such
as the Vietnam Service Medal or Armed Forces Expeditionary Medal.

7.  Army Regulation 140-10 defines the Reserve Control Groups and provides,
in pertinent part, that the USAR Control Group (Retired), now known as the
Retired Reserve is an inactive control group in which no points may be
accrued.  It also provides that Retired Reserve members may be placed in an
active status if eligible and ordered to active duty provided they meet the
applicable provisions of the regulation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted and found to be without
merit.  At the time of his retirement, he was transferred to the USAR
Control Group (Retired), which is an inactive control group.

2.  The applicable regulations provide that in order to be eligible for
retroactive award of the ASR and the OSR, the applicant had to be in an
active status on or after 1 August 1981.

3.  Therefore, since the applicant has not been in an active status since
his retirement on 1 February 1979, he is not eligible for those awards.
Accordingly, there is no basis to grant his request.


4.  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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 April 1981; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 9 April 1984.  However, the applicant did not file within the 3-
year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JS____  __PM___  _LJO____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            _____John Slone_______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050001697                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051123                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |124/ASR                                 |
|1.107.0078              |                                        |
|2.107.0079              |125/OSR                                 |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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