RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2008
	DOCKET NUMBER:  AR20080000702 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



Member
	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

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



THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to add the National Defense Service Medal.

2.  The applicant states he was awarded the National Defense Service Medal after he left active duty.

3.  The applicant provides his 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 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 was appointed a second lieutenant in the U. S. Army Reserve on 1 June 1960.  He entered active duty on 15 October 1961.  He was released from active duty on 20 September 1963.  His DD Form 214 shows he was not awarded any awards or decorations.

3.  Army Regulation 600-8-2 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between  27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 24 August 1974, both dates inclusive; between 2 August 1990 and             30 November 1995, both dates inclusive; and between 11 September 2001 and to a date to be determined.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant met the eligibility criteria for award of the National Defense Service Medal.  It should be added to his DD Form 214.


BOARD VOTE:

__tsk___  __jlp___  __dwt___  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 adding the National Defense Service Medal to his DD Form 214.




      __            TSK     _____
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080000702


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508