BOARD DATE: 25 May 2010
DOCKET NUMBER: AR20090019156
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 correction of his records to show award of the Army Reserve Components Overseas Training Ribbon.
2. The applicant states his records should show he was awarded the Army Reserve Components Overseas Training Ribbon. The applicant states due to an administrative oversight his records are not accurate and he cannot wear the ribbon until his records are corrected.
3. The applicant provides:
* U.S. Army Reserve Personnel Center Orders T-11-525476, dated
1 November 1995
* DA Form 67-8 (Officer Evaluation Report) for the period ending
7 December 1995
* DFAS Form 702 (Defense Finance and Accounting Service Military and Earnings Statement) covering the pay period 17 December 1996
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. On 21 August 1969, the applicant was appointed as a Reserve Commissioned Officer of the United States Army.
3. U.S. Army Reserve Personnel Center Orders T-11-525476, dated
1 November 1995, show that the applicant was ordered to annual training assigned to Supreme Headquarters Allied Powers Europe (SHAPE), Belgium for a period of 12 days. His reporting date was 26 November 1995.
4. A DA Form 67-8 with period ending 7 December 1995 shows the applicant was released from active duty (REFRAD) after serving with the European Command (EUCOM) Survey Section at SHAPE for the rating period
26 November 1995 through 7 December 1995.
5. There are no orders in the applicant's records that show he was awarded the Army Reserve Components Overseas Training Ribbon.
6. Army Regulation 600-8-22 (Military Awards), in pertinent part, provides for award of the Army Reserve Components Overseas Training Ribbon. 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. Numerals will be used to denote second and subsequent awards of the Army Reserve Components Overseas Training Ribbon.
DISCUSSION AND CONCLUSIONS:
The applicant met the eligibility criteria for award of the Army Reserve Components Overseas Training Ribbon. He should be awarded the ribbon and his records should be corrected to show award of the Army Reserve Components Overseas Training Ribbon.
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 Department of the Army records of the individual concerned be corrected by:
* Issuing an appropriate document showing he was awarded the Army Reserve Components Overseas Training Ribbon
* Adding the document showing he was awarded the Army Reserve Components Overseas Training Ribbon to his records
_______ _ __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) AR20090019156
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ABCMR Record of Proceedings (cont) AR20090019156
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