RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2005
      DOCKET NUMBER:  AR20050005528


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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 Army Service Ribbon and the
Overseas Service Ribbon.

2.  The applicant states, in effect, that these awards are not listed on
his DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) and that he served in Germany.

3.  The applicant provides a copy of his DD Form 214 with an effective date
14 November 1963.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 November 1963, the date of his separation from active duty.
The application submitted in this case is dated 24 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 was inducted into the Army on 29 November 1961 for a
period of two years.  After completion of basic and advanced individual
training, he was awarded military occupational specialty 642.10 (Heavy
Vehicle Driver).  The applicant was honorably discharged on 14 November
1963.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does
not list award of the Army Service Ribbon or the Overseas Service Ribbon.

5.  The applicant's DA Form 24 (Service Record) shows that the applicant
served in Germany for the period 6 July 1962 through 14 November 1963.



6.  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.  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 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.

7.  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.
Numerals are used to denote the second and subsequent awards of the
Overseas Service Ribbon.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Army Service
Ribbon and the Overseas Service Ribbon which are not listed on his DD Form
214.

2.  Evidence of record shows the applicant served overseas in Germany from
6 July 1962 through the date of his separation on 14 November 1963;
however, the regulation states that the Army Service Ribbon and the
Overseas Service Ribbon may be awarded retroactively for service prior to 1
August 1981 provided that the service member had an Active Army status on
or after 1 August 1981.

3.  Evidence of record does not show the applicant was on Active Army
status on or after the required date; therefore, there is no basis to award
the Army Service Ribbon or the Overseas Service Ribbon in this case.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 November 1963; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 13 November 1966.  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

_JNS__  __KWL___  __LDS___   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 N. Slone____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050005528                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051018                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  124  |107.0078/ASR                            |
|2.  125                 |107.0079/OSR                            |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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