PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           11 March 2003                  
	DOCKET NUMBER:   AR2002075760

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Shirley L. Powell		Member	

	The applicant and counsel, if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records:

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected to show he was awarded a third National Defense Service Medal (NDSM).

3.  The applicant states that, in accordance with a 26 April 2002 Memorandum from the Deputy Secretary of Defense, he is entitled to a third NDSM.

4.  The applicant’s military records show that he entered active duty on 17 January 1969 and had continuous service until he retired effective 30 April 2002.  

5.  His records show that he was awarded the NDSM for his periods of service from 17 January 1969 through 14 August 1974 and 2 August 1990 and 30 November 1995.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period of service between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995. 

7.  In a 26 April 2002 Memorandum the Deputy Secretary of Defense directed that, pursuant to Executive Order 10448, the award of the National Defense Service Medal be reinstated for members of the armed forces who served on or after 11 September 2001.  No closing date for entitlement has been directed.

8.  Army Regulation 600-8-22 also provides that a bronze service star is authorized for the second and/or subsequent award of the NDSM.

CONCLUSIONS:

1.  The Board notes that the applicant has previously been awarded the NDSM on two occasions and that the memorandum reinstating the award of the National Defense Service Medal, to include service commencing 11 September 2001, was issued only five days prior to the applicant’s retirement.  

2.  As the applicant was on active duty during the most recent period for which the NDSM is authorized, the Board concludes that it is in the interest of justice to correct the applicant’s records to award him the National Defense Service Medal with two bronze service stars. 

3.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is awarded the National Defense Service Medal with two bronze service stars. 

BOARD VOTE:  

__SAC__  __TSK___  __SLP__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		  _Samuel A. Crumpler_
		        CHAIRPERSON

INDEX

CASE ID	AR2002075760	
SUFFIX		
RECON		
DATE BOARDED	20030311	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.