RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 NOVEMBER 2005
      DOCKET NUMBER:  AR20050003818


      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             |
|     |Ms. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas Pagan                  |     |Chairperson          |
|     |Mr. Eric Andersen                 |     |Member               |
|     |Mr. Joe Schroeder                 |     |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 award of the National Defense Service Medal
(NDSM), Army Service Ribbon, and the Army Overseas Service Ribbon.  He also
requests a review of his records for award of the Armed Forces Reserve
Medal.

2.  The applicant states that he should be awarded the NDSM (2nd Award) for
the period 1990 through 1995.  The Army Service Ribbon should be awarded
for retraining from his United States Marine Corps (USMC) to his Army
military occupational specialty (MOS).  He also believes that he should be
awarded the Army Overseas Service Ribbon for his prior active duty overseas
service while in the Navy.  The applicant states that his National Guard
service was from     March 1981 to December 1992 with a few breaks in
active Army Reserve.  He states he was also in the inactive Army Reserve
from 1992 to December 1995.  The applicant said that he was in the USMC
from 1964 to 1967, as well as the United States Navy from 1968 to 1970.

3.  The applicant provides three copies of his NGB Form 22 (Report of
Separation and Record of Service), two copies of his DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge) from the
United States Navy and the United States Marine Corps, DD Form 215
(Correction to DD Form 214), six Honorable Discharge Certificates, two
copies of DARP Form 249-2-E (Chronological Statement of Retirement Points),
and regulatory guidance on the award of the Army Service Ribbon and
Overseas Service Ribbon.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 December 1995.  The application submitted in this case
is dated 8 March 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 limitations 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.  The applicant’s record shows he had three years of active federal
service in the USMC.  His MOS was listed as rifleman and he was awarded the
NDSM.  The applicant was honorably discharged from the USMC on 15 March
1967.  On 28 February 1968, the applicant enlisted in the United States
Navy.  He was credited with 1 year, 7 months, and 28 days of foreign and/or
sea service and was honorably discharged on 25 November 1969.  The
applicant enlisted in the Army National Guard on three separate occasions:
17 March 1981 through        7 May 1987; 24 June 1988 through 8 December
1988; and 16 June 1989 through 15 June 1992.  His NGB Form 22, verifies
that his MOS was 19E (Armor Crewman) and he was transferred to the United
States Army Reserve (USAR) Control Group after being discharged from the
National Guard.  The applicant earned 30 retirement points while in the
USAR from 27 November 1993 through 26 November 1995.

4.  Army Regulation 600-8-22 (Military Awards) provides that the National
Defense Service Medal is awarded for honorable active service for any
period between 2 August 1990 to 25 November 1995.  This regulation also
provides that to signify a second award of the National Defense Service
Medal an oak leaf cluster will be worn on the service ribbon.  Paragraph 2-
10b(1) states that Army National Guard and U.S. Army Reserve forces
personnel on short tours of duty to fulfill training obligations under an
inactive duty training program will not be considered as performing active
service which qualifies for award of the National Defense Service Medal.

5.  Army Regulation 600-8-22 (Military Awards) shows that the Army Service
Ribbon was established by the Secretary of the Army on 10 April 1981.  This
regulation states, in pertinent part, that 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.

6.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was
established by the Secretary of the Army on 10 April 1981.  The regulation
states, in pertinent part, that 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 and the
overseas service is not recognized with another U.S. service medal.
Additionally, servicemembers who had overseas service with another branch
of service (USN, USAF, or USMC), must be credited with a normal overseas
tour completion by that service to qualify for award of the Army Overseas
Service Ribbon.

7.  Army Regulation 600-8-22 (Military Awards), as amended by Military
Personnel Message Number 96-196, provides for award of the Armed Forces
Reserve Medal (AFRM). It is awarded for honorable and satisfactory service
as a member of one or more of the Reserve Components of the Armed Forces of
the United States for a period of 10 years.  The conditions for award of
the AFRM require that a minimum of 50 retirement points be earned for each
of the 10 qualifying years and that the qualifying service is completed
within 12 consecutive years.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant enlisted in the National
Guard on three separate occasions.  His last enlistment was from 16 June
1989 through   15 June 1992.  After his discharge from the National Guard,
he was transferred to the USAR until he was discharged on 12 December 1995.
 The applicant was not on active duty during the period of 1990 through
1995 and therefore, does not qualify for the award of the NDSM, (2nd
award).

2.  Records show that the applicant was awarded the MOS of rifleman while
in the USMC and armor crewman while in the National Guard.  However, there
is no evidence, and the applicant did not provide any, to prove that he
successfully completed school training for award of MOS 19E.  Additionally,
there is no evidence that the applicant was on active Army status on or
after 1 August 1981 to be retroactively awarded the Army Service Ribbon.

3.  The applicant contends that he should be entitled to the Army Overseas
Service Ribbon based on his Navy overseas service.  There is no evidence to
prove that the 1 year, 7 months, and 28 days of foreign and or sea service
listed on the applicant’s DD Form 214 from the Navy, qualified him for
overseas tour completion credit.  Therefore, the evidence does not justify
correcting his records to show this award.

4.  Records show that the applicant was transferred to the USAR in June
1992 and has earned 30 retirement points.  Therefore, he is not entitled to
the award of the Armed Forces Reserve Medal.

5.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 December 1995 therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on    11 December 1998.  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

__TP  ___  __EA ___  __JS  ___  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.




                                  _____Thomas Pagan_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003818                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051122                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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