IN THE CASE OF:
BOARD DATE: 20 December 2011
DOCKET NUMBER: AR20110012266
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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 14 November 1997, to show the Overseas Service Ribbon and Army Reserve Components Achievement Medal (2nd Award).
2. He states that these awards are not listed on his DD Form 214.
3. He provides a copy of his 1997 DD Form 214.
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 applicants military record shows he enlisted in the U.S. Army Reserve (USAR) on 24 June 1996. He was ordered to active duty for training (ADT) and entered active duty on 11 June 1997. He completed training at Fort Sill, OK, and he was awarded military occupational specialty 55B (Ammunition Specialist).
3. He was honorably released from ADT on 14 November 1997, for completion of required active service, and he was transferred to a Reserve unit. He was credited with completion of 5 months and 4 days of net active service and zero foreign service.
4. There is no evidence he served overseas during his period of ADT.
5. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following:
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
6. Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record-Part II) shows he served in Germany from 17 July 1999 to on or about 5 August 1999.
7. Orders were published by his Reserve unit awarding him the:
* Army Reserve Components Overseas Training Ribbon for the period 17 July to 7 August 1999
* Army Reserve Components Achievement Medal for the period 24 June 1999 to 23 June 2002
8. He was honorably discharged from the USAR on 24 June 2004.
9. Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. 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.
10. Army Regulation 600-8-22 also states the Army Reserve Components Achievement Medal is authorized for award to Army personnel, including Active Guard Reserve officers, in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee. Beginning on 28 March 1995, individuals must have completed 3 years of qualifying service. Such years of qualifying service must have been consecutive. A period of more than 24 hours between Reserve enlistments or an officers service will be considered a break in service. Credit toward earning the award must begin anew after a break in service.
11. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the USAR on 24 June 1996 and entered ADT on 11 June 1997. He completed training for award of a MOS and was released from ADT on 14 November 1997. There is no evidence and he provided none to show he served overseas for award of the Overseas Service Ribbon during his period of ADT.
2. The evidence of record shows that while a member of the USAR he awarded the Army Reserve Components Overseas Training Ribbon for his service in Germany and the Army Reserve Components Achievement Medal for the period 24 June 19991 to 23 June 2002.
3. These periods of service occurred after his period of ADT; therefore, he is not entitled to correction to his DD Form 214 ending on 14 November 1996 to show these awards.
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) AR20110012266
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ABCMR Record of Proceedings (cont) AR20110012266
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