BOARD DATE:	  20 April 2010

		DOCKET NUMBER:  AR20090017890 


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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the National Defense Service Medal.  

2.  The applicant states the National Defense Service Medal was created in 1953, which was during the period he served on active duty.  

3.  The applicant provides a copy of his DD Form 214, qualifications for the National Defense Service Medal from a military website, and a letter from a physician in support of his application.  

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 military records are not available to the Board.  However, this case is being considered using the applicant’s DD Form 214.

3.  The applicant’s DD Form 214 shows he completed prior service and was inducted into the Army of the United States on 7 August 1950.  He entered active service on 14 August 1950.  

4.  The applicant was honorably discharged on 18 December 1950.  

5.  His DD Form 214 does not show entitlement to any awards.  

6.  The applicant provided a letter from his family physician in which he indicates the following:

	a.  Applicant served in the Alabama Army National Guard and active duty in the Army of the United States.

	b.  Applicant entered active duty on 7 August 1950 and was separated on 18 December 1950 because of a serious injury to his arms.

	c.  Applicant currently has dementia and is under medical treatment.

7.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

DISCUSSION AND CONCLUSIONS:

The applicant served a period of honorable active service between 14 August 1950 and 18 December 1950.  Therefore, he has met the eligibility criteria for award of the National Defense Service Medal.

BOARD VOTE:

___x_____  ____x____  ___x__  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 amending his DD Form 214 to show award of the National Defense Service Medal.




      _______ _   __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)                                         AR20090017890



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ABCMR Record of Proceedings (cont)                                         AR20090017890



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