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Decision Text

ARMY | BCMR | CY2003 | 2003086785C070212
Original file (2003086785C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF
        

         BOARD DATE: 28 October 2003
         DOCKET NUMBER: AR2003086785

         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. Joseph A. Adriance Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner Chairperson
Ms. Linda D. Simmons Member
Ms. Marla J. Troup 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 reconsideration of his request that the National Defense Service Medal (NDSM) be added to his record.

3. The applicant states, in effect, that his original request that the NDSM be added to his records was based on his active service that ended on
11 December 1951.

4. The Proceedings of the Board’s 4 February 2003 review of the case (AR2002078738) is incorporated herein by reference as if wholly set forth.

5. The applicant’s records were not available to the Board during its original review of the case and are still not available for this current review. His records were apparently lost or destroyed in a 1973 fire at the National Personnel Records Center.

6. The Board based its original consideration of the case primarily on the applicant’s separation document (WD AGO Form 53-55), which covered his period of active duty service between 6 November 1945 and 15 May 1947. Based on these service dates, the Board denied the applicant’s request for the NDSM because the award was not given to soldiers who served on active duty prior to June 1950.

7. A separation document (DD Form 214) pertaining to the applicant for a period of active duty service he performed from 17 February through 11 December 1951 has now been made available to the Board. This document shows that while a member of the Army Reserve, the applicant was ordered to active duty on 17 February 1951. The DD Form 214 confirms that he served on active duty for 9 months and 25 days until being honorably released from active duty (REFRAD) on 11 December 1951.

8. Army Regulation 600-8-22 prescribes the Army’s policy concerning individual military awards. Paragraph 2-10 provides the policy for awarding the NDSM. It states, in pertinent part, that it is authorized for honorable active service for any period between 27 June 1950 and 27 July 1954.

CONCLUSIONS:

1. By regulation, the NDSM is authorized to any member for honorable active service for any period between 27 June 1950 and 27 July 1954. The evidence confirms that the applicant was ordered to and entered active duty on
17 February 1951, and that he served for 9 months and 25 days until being honorably separated on 11 December 1951.

2. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error or rectify an injustice.


RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that he individual concerned is entitled to the National Defense Service Medal for his qualifying honorable active duty service between
17 February and 11 December 1951; and by providing him a corrected separation document that includes this award.

BOARD VOTE:

___MT__ __LDS___ __RJW GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond J. Wagner
                  CHAIRPERSON



INDEX

CASE ID AR2003086785
SUFFIX
RECON
DATE BOARDED 2003/10/
TYPE OF DISCHARGE Honorable
DATE OF DISCHARGE 1951/12/11
DISCHARGE AUTHORITY SR 615-363-5
DISCHARGE REASON Rel to Reserve
BOARD DECISION Grant
REVIEW AUTHORITY
ISSUES 1. 115 107.0069
2.
3.
4.
5.
6.





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