RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           6 December 2005
      DOCKET NUMBER:  AR20050005520


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Donald W. Steenfott           |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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, in effect, award of the Overseas Service
Ribbon.

2.  The applicant states, in effect, that he is entitled to the Overseas
Service Ribbon and it is not included in the list of awards contained on
his Army National Guard (ARNG) separation document (NGB Form 22).  He
claims he served overseas and is entitled to this award.

3.  The applicant provides State of California, Office of The Adjutant
General (OTAG) Orders Number (#) 110-4 and North Atlantic Treaty
Organization (NATO) Travel Orders in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 31 August 1993.  The application submitted in this case is
dated
1 April 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 was discharged from the ARNG and
transferred to the Retired Reserve on 31 August 1993.  The NGB Form 22 he
was issued at the time shows he held the rank of colonel at the time.  Item
15 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) shows he earned the following awards:  Army
Commendation Medal; Army Achievement Medal; Army Reserve Components
Achievement Medal (2); Armed Forces Reserve Medal; and two State awards.

4.  The applicant provides a copy of State of California, OTAG Orders # 110-
4, dated 24 May 1990, which ordered him to active duty for training for 21
days from 10 through 30 June 1990.  These orders attached him to the 2nd
General Hospital, Lundstuhl, West Germany for duty.  NATO travel orders
provided by the applicant corroborate the information contained in Orders #
110-04.
5.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards
policy.  Paragraph 5-3 contains guidance on award of the Army Reserve
Components Overseas Training Ribbon.  It states, in pertinent part, that it
is awarded to members of the Reserve Components of the Army, (Army National
Guard and U.S. Army Reserve), for successful completion of annual training
(AT) or active duty for training (ADT) for a period not less than 10
consecutive duty days on foreign soil.

6.  Paragraph 5-4 of the awards regulation contains guidance on the
Overseas Service Ribbon.  It states, in pertinent part, it is authorized
for members upon completion of a normal overseas tour as defined in Army
Regulation 614-30, which stipulates the normal with dependents tour length
for Germany is 36 months and the normal without dependents tour length is
24 months.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the Overseas Service Ribbon and
the supporting documents he submitted were carefully considered.  However,
by regulation, the Overseas Service Ribbon is authorized to members serving
on active duty who are credited with completing a normal overseas tour.
The normal with dependents tour for Germany is 36 months and the normal
without dependents tour is 24 months.  As a result, the applicant’s ADT in
Germany does not qualify him for this award.

2.  By regulation, members of the Reserve Components are authorized to
receive the Army Reserve Components Overseas Training Ribbon for successful
completion of AT or ADT for a period of not less than 10 consecutive duty
days on foreign soil.  The evidence in this case confirms the applicant
completed more than 10 consecutive days of ADT in Germany between 10 and 30
June 1990.  As a result, he is entitled to this award, and it would be
appropriate to add this award to his record and separation document at this
time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___BPI__  __DWS__  __EEM__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing he is entitled
to the Army Reserve Components Overseas Training Ribbon; and by providing
him a correction to his NGB Form 22 that reflects this change.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Overseas Service Ribbon.




            ____Bernard P. Ingold____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050005520                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/12/06                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1993/08/31                              |
|DISCHARGE AUTHORITY     |NGR 635-100                             |
|DISCHARGE REASON        |Maximum Age                             |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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