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ARMY | BCMR | CY2006 | 20060001450C070205
Original file (20060001450C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 August 2006
      DOCKET NUMBER:  AR20060001450


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Gerald Purcelli               |     |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 award of the National Defense Service Medal
(NDSM).

2.  The applicant states he was in the Reserve and served on active duty at
Fort McCoy, Wisconsin from 4 August 1990 through 17 August 1990.  His
Reserve unit informed him that he was awarded the ribbon and was out of
uniform without this ribbon on his class A uniform.  He states that he
never saw any orders.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty); a DA Form 2139 (Military Pay
Voucher); and his Honorable Discharge Certificate from the U.S. Army
Reserve (USAR).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred in August 1990.  The application submitted in this case is dated
22 January 2006.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the USAR on 30 July 1985 under the delayed
entry program for a period of 8 years.  He enlisted in the Regular Army on
22 July 1986 for a period of 3 years.  He completed the required training
and was awarded military occupational specialty 95B (Military Policeman).
He served in Korea from April 1988 to July 1989.

4.  The applicant was honorably released from active duty on 19 July 1989
at the expiration of his term of service.  He was transferred to the USAR
Control Group (Reinforcement) on the following date.

5.  His DD Form 214 shows the Army Service Ribbon, the Overseas Service
Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar, the
Expert Marksmanship Qualification Badge with Hand Grenade Bar, the Army
Good Conduct Medal, the Army Lapel Button, the Army Achievement Medal
(Third Oak Leaf Cluster), and the Sharpshooter Marksmanship Qualification
Badge with Pistol Bar as authorized awards.

6.  Department of the Army, 300th Military Police Command Orders 109-008,
dated 6 June 1990, ordered the applicant to annual training for the period
4 August 1990 to 17 August 1990 at Fort McCoy, Wisconsin.

7.  The applicant’s Military Pay Voucher shows he was paid for 14 days of
active duty from 4 August 1990 to 17 August 1990.

8.  The applicant was honorably discharged from the USAR on 2 August 1994.

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


10.  Military Personnel Message Number 02-150, subject:  Reinstatement of
the NDSM, referenced Office of the Deputy Secretary of Defense Memorandum,
same subject, dated 26 April 2002.  The memorandum authorized reinstatement
of the NDSM.  It stated that the NDSM is awarded for honorable active
service and includes the following inclusive periods:  27 June 1950 to 27
July 1954;
1 January 1961 to 14 August 1974; 2 August 1990 to 30 November 1995; and
11 September 2001 to a date to be determined.  It stated that, as a one-
time only exception, members of the Army National Guard and USAR who were
part of the Selected Reserve in good standing were authorized the NDSM per
Executive Orders 12776 dated 18 October 1991 for the period 2 August 1990
to
30 November 1995.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in the USAR from July
1989 to August 1994.  During this period, he completed annual training from
4 August 1990 to 17 August 1990.

2.  The applicant has met the requirements for award of the NDSM; however,
service medals are not awarded on orders.  He may use this Record of
Proceedings as a record of his eligibility to wear the NDSM.

BOARD VOTE:

MP______  MF______  GP______  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing he was awarded the NDSM.




                            Margaret Patterson____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001450                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060803                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0069                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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