IN THE CASE OF:	  

		BOARD DATE:	    31 August 2010

		DOCKET NUMBER:  AR20100009428 


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 award of the Army Reserve Components Overseas Training Ribbon (ARCOTR) and correction of his records to show this award as well as a second award of the Meritorious Service Medal (MSM).

2.  The applicant states he was awarded two MSM's.  He also states he served on active duty for training (ADT) in Germany during the periods 25 October 1985-10 November 1985, 18-29 August 1986, and 1-14 August 1988.  He received a response from the National Personnel Records Center (NPRC) indicating he was authorized several awards, but not the second award of the MSM or the ARCOTR.

3.  The applicant provides the following documents:

* letter, dated 14 January 2010, from NPRC
* retirement orders, dated 13 October 1998
* electronic mail (email), dated 21 January 2010, from the Veterans Medals Team
* MSM orders, dated 31 July 1989, with amendment orders, dated 27 October 1989
* DA Forms 67-8 (U.S. Army Officer Evaluation Report (OER)) for the periods 851025-851110, 860819-860829, and 880801-880814


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 applicant's 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 applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show he was born on 31 October 1938.  He was appointed as a U.S. Army Reserve (USAR) second lieutenant and executed an oath of office on 4 February 1961.  He entered active duty on 26 March 1961 and was promoted to first lieutenant in September 1962.  He was honorably released from active duty on 18 January 1963.

3.  He served in various USAR staff and leadership positions within and outside continental United States, attained the rank of lieutenant colonel (LTC), and he was honorably transferred to the Retired Reserve on 6 June 1989.  He was ultimately retired and placed on the Retired List in the rank of LTC on 31 October 1998 (60th birthday).

4.  U.S. Army Transportation Center, Fort Eustis, VA, Permanent Orders 99-2, dated 31 July 1989, awarded him the Meritorious Service Medal for outstanding meritorious service from 12 May 1986 to 3 February 1989.

5.  Office of the Chief of Staff, Army Reserve, Permanent Orders 
Number 288-27, dated 15 August 1989, awarded him the Meritorious Service Medal for outstanding meritorious service from 7 June 1979 to 6 June 1989.

6.  His submitted copies of his OER's as follows:

	a.  The OER for the period 851025-851110 shows he performed 15 days of active duty while attached to Fort Eustis, VA.  During this period, he directed and led the U.S. Army Transportation School Branch Training Team during its visit to Germany.

	b.  The OER for the period 860818-860829, shows he performed 12 days of active duty as an Individual Mobilization Augmentee assigned to the 1st Transportation Movement Control Agency (TMCA), Germany.

	c.  The OER for the period 880801-880814, shows he performed 14 days of active duty while assigned to the 1st TMCA, Germany.

7.  There is no indication in his records he was recommended for or awarded the ARCOTR.

8.  Army Regulation 600-8-22 (Military Awards) states the ARCOTR is awarded to members of the Reserve Components of the Army for successful completion of annual training (AT) or ADT for a period of not less than 10 consecutive duty days on foreign soil.  Numerals will be used to denote second and subsequent awards of the ARCOTR.

9.  He submitted a letter, dated 14 January 2010, from NPRC, stating he was authorized shipment of the MSM, Army Commendation Medal, and Armed Forces Reserve Medal (AFRM).

10.  He also submitted email, dated 21 January 2010, from the Veterans Medals Team, Philadelphia, wherein the author notified him that he is also authorized the Army Service Ribbon, Army Reserve Components Achievement Medal with silver oak leaf cluster, National Defense Service Medal, and a silver hourglass to be added to the AFRM.  The author added that there was no documentation on file for a second MSM.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the ARCOTR, the evidence of record shows the applicant served in Germany on three separate occasions as shown in his OER's; however, it is unclear if he completed 10 consecutive days of ADT or AT during any of the periods covered by the OER's.  In the absence of AT or ADT orders that directed his training, there is insufficient evidence to support award of the ARCOTR in this case.

2.  With respect to the MSM, the evidence of record shows the applicant was, in fact, awarded two awards of the MSM and both are appropriately filed in his records.  Therefore, his record is correct and requires no further correction.  A copy of the orders awarding him the second MSM is enclosed for his personal records.  Questions concerning his NPRC letter should be addressed to that agency.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      _______ _   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)                                         AR20100009428



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ABCMR Record of Proceedings (cont)                                         AR20100009428



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