IN THE CASE OF:	  

		BOARD DATE:	  11 June 2013

		DOCKET NUMBER:  AR20120021713 


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 (NDSM).

2.  The applicant states he served during a period authorized the NDSM.

3.  The applicant 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.  On 8 June 1962, the applicant was appointed as a second lieutenant in the U.S. Army Reserve (USAR).  He entered active duty on 11 August 1962 as a unit tank commander.
3.  On 15 September 1962, the applicant was appointed as a second lieutenant, Armor, in the Regular Army and was assigned for duty in Europe.

4.  On 13 September 1965, the applicant completed his tour of duty in Europe and returned to the United Sates.

5.  On 14 September 1965, the applicant was discharged.  He had attained the rank of 1st lieutenant and had completed 3 years of creditable active duty service.  His characterization of service was honorable.

6.  The applicant's DD Form 214 does not list any decorations, medals, or badges.

7.  Item 23 (Qualification in Arms) of the applicant's DA Form 66 (Officer Qualification Record) shows he qualified as:

* Expert with the 105 millimeter tank gun (tank weapons)
* Sharpshooter with the .45 caliber pistol
* Sharpshooter with the M-14 rifle

8.  Army Regulation 600-8-22 (Military Awards) states the NDSM is authorized for honorable active service for any period between 1 January 1961 through 14 August 1974.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant served during a qualifying period for award of the NDSM.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Records also show that the applicant earned the following marksmanship qualification badges which should be shown on his DD Form 214:

	a.  Expert Marksmanship Qualification Badge with Tank Weapons Bar; and

	b.  Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol Bars.



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 showing on his DD Form 214 the following:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Tank Weapons Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol Bars




__________ _    _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)                                         AR20120021713





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ABCMR Record of Proceedings (cont)                                         AR20120021713



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