IN THE CASE OF:
BOARD DATE: 17 December 2009
DOCKET NUMBER: AR20090012865
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 that he be awarded the Reserve Component Overseas Training Ribbon (RCOTR).
2. The applicant states, in effect, that he served overseas in Germany from 9 October to 30 October 1999 as a member of the New York Army National Guard (NYARNG) and should have been awarded the RCOTR.
3. The applicant provides a copy of his NATO Travel Orders.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 1 February 1995 and served on active duty until he was discharged under honorable conditions on 9 December 1997, under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. He had served 2 years, 10 months and 9 days of total active service.
3. On 16 September 1998, he enlisted in the NYARNG for a period of 6 years. On 6 October 1999, NATO Travel Orders were issued which authorized travel to Germany for the period of 9 October to 30 October 1999, as a member of a force defined in the NATO Status of Forces Agreement.
4. The applicant transferred to the Ohio Army National Guard (OHARNG) on 27 December 2000 and he served with the OHARNG until he was honorably discharged on 1 July 2002 due to being medically unfit for retention. His NGB Form 22 (Report of Separation and Record of Service) does not reflect the award of the RCOTR.
5. The Army Reserve Components Overseas Training Ribbon is awarded to members of the Army Reserve or Army National Guard for successful completion of annual training or active duty for training for a period of not less than 10 consecutive duty days on foreign soil (outside the 50 states, District of Columbia, and U.S. possessions and territories), in the performance of duties in conjunction with Active Army, Joint Services, or Allied Forces. The day of departure counts; however, the day of return does not.
DISCUSSION AND CONCLUSIONS:
1. The applicant served as a member of the NYARNG in Germany for approximately 21 days and thus is qualified for award of the RCOTR.
2. Accordingly, it would be in the interest of justice at this time to award him the RCOTR and to add it to his NGB Form 22 dated 1 July 2002.
BOARD VOTE:
____X___ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by awarding him the RCOTR and by adding it to his NGB Form 22 dated 1 July 2002.
_______ _ _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.
ABCMR Record of Proceedings (cont) AR20090012865
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