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ARMY | BCMR | CY2013 | 20130017804
Original file (20130017804.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  24 July 2014

		DOCKET NUMBER:  AR20130017804 


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 her records to show award of the Army Reserve Components Overseas Training Ribbon.

2.  The applicant does not provide a statement.

3.  The applicant provides:

* Orders Number 001-002, issued by Headquarters, 94th Army Reserve Command, Hanscom Air Force Base, MA, dated 22 September 1987
* 3 Leave and Earnings Statements
* List of Military Awards
* Orders Number 075-8, issued by 99th Regional Support Command, Oakdale, PA, dated 16 March 1998
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* extract, Permanent Orders 8-4, issued by 399th Combat Support Hospital, Taunton, MA, dated 23 October 1989
* letter, U.S. Army Human Resources Command (HRC), Fort Knox, KY, dated 9 July 2013
* Congressional correspondence

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 enlisted in the U.S. Army Reserve (USAR) for an 8-year period on 20 August 1985.

3.  On 18 May 1987, she was ordered to active duty for training.  On 31 July 1987, she was released from active duty training.  Her DD Form 214 shows award of the:

* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar

4.  Orders Number 001-002, dated 22 September 1987, show the applicant was ordered to annual training for the period 1 October through 8 October 1987 at Chessington, United Kingdom.  The orders also show the authorized training period included travel time.

5.  On 8 July 1991, the applicant reenlisted in the USAR for a 6-year period.

6.  On 16 March 1998, the applicant was honorably released from the USAR.

7.  The applicant provides extracts of her records, orders, and Congressional correspondence.  She also provides three Leave and Earning Statements for October through November 1987.  Her Leave and Earnings Statement for November 1987 shows she was paid for training during the period 1 October 1987 through 11 October 1987.

8.  Army Regulation 600-8-22 (Military Awards) states the Army Reserve Components Overseas Training Ribbon is awarded to members of the Reserve Components of the Army 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. 



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Army Reserve Components Overseas Training Ribbon was carefully considered.

2.  Although the applicant was paid for training during the period 1 October through 11 October 1987, orders show she was authorized to perform annual training overseas for an 8-day period and the authorized training period included travel time.

3.  Award of the Army Reserve Components Overseas Training Ribbon requires the successful completion annual training or active duty for training for a period of not less than 10 consecutive duty days on foreign soil by members of the Reserve Components of the Army.

4.  Since the applicant's overseas training was for a period of less than 10 days she is not eligible for award of the Army Reserve Components Overseas Training Ribbon.

5.  In view of the foregoing, there is an insufficient basis for granting the requested relief in this case.

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)                                         AR20130017804



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ABCMR Record of Proceedings (cont)                                         AR20130017804



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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