IN THE CASE OF: BOARD DATE: 5 February 2013 DOCKET NUMBER: AR20120021701 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 (Armed Forces of The United States Report of Transfer or Discharge) to show award of the National Defense Service Medal. 2. The applicant states he was on active duty from 1 January 1961 to 14 August 1974, which was during the Vietnam War he and was never awarded the National Defense Service Medal. He was unaware that he was entitled to the award. 3. He provides a copy of 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’s military record shows he was appointed in the U.S. Army Reserve (USAR), Medical Services Corps, as a second lieutenant, on 9 June 1962. He was ordered to active duty and entered active duty on 24 September 1962. 3. He was honorably released from active duty on 23 June 1964 and he was transferred to the USAR Control Group (Annual Training). He was credited with completing 1 year and 9 months of net active service and zero foreign credit. 4. His DD Form 214 does not list any awards. 5. Item 17 (Foreign Service) of his DA Form 66 (Officer Qualification Record) does not list any foreign service. Item 21 (Awards and Decorations) of this form does not list any awards. 6. Item 23 (Qualification in Arms) of his DA Form 66 shows he qualified for the Expert Marksmanship Qualification Badge with Carbine and Pistol Bars. 7. Army Regulation 600-8-22 (Military Award) 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: 1. The evidence of record shows the applicant completed a qualifying period of service for award of the National Defense Service Medal. Therefore, it would be appropriate to correct his records to show this award on his DD Form 214. 2. The evidence of record also shows he was entitled to the Expert Marksmanship Qualification Badge with Carbine and Pistol Bars. Therefore, these awards should also be added to his DD Form 214. 3. In view of the foregoing, his records should be corrected as recommended below. 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 adding to the applicant’s DD Form 214 the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Carbine Bar * Expert Marksmanship Qualification Badge with Pistol Bar _______ _ _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) AR20120021701 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120021701 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1