RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 April 2007
	DOCKET NUMBER:  AR20060012920 


	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. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Curtis Greenway

Chairperson

Mr. Michael Flynn

Member

Mr. Edward Montgomery

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, in effect, that his military records be corrected to show that he received four awards of the National Defense Service Medal (NDSM).  

2.  The applicant states that his third award of the NDSM was issued at Fort Eustis, Virginia during the period 1976/1977 and that his fourth award of the NDSM was issued at Camp Pelham, Korea in 1980.

3.  The applicant provides a Certificate of Training and an Air Assault card. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
29 January 1981.  The application submitted in this case is dated 29 August 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 on 24 August 1973, served as a light weapons infantryman, and was honorably discharged on 26 May 1975 for immediate reenlistment.

4.  The applicant’s DD Form 214 (Report of Separation from Active Duty) for the period ending 26 May 1975 shows the NDSM and the Parachutist Badge as authorized awards.     

5.  In support of his claim, the applicant provided a Certificate of Training, dated 26 November 1974, which shows he completed the Air Assault School.  He also provided an Air Assault card which states that he earned the privilege of wearing the Air Assault Badge.

6.  The applicant reenlisted on 27 May 1975, served as a light weapons infantryman and a military police, and was honorably discharged on 27 February 1979 for immediate reenlistment.

7.  The applicant’s DD Form 214 for the period ending 27 February 1979 shows the Good Conduct Medal (1st Award), the NDSM, the Parachutist Badge, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar as authorized awards.

8.  The applicant reenlisted on 28 February 1979 and was honorably discharged by reason of permanent physical disability on 29 January 1981.

9.  The applicant’s DD Form 214 for the period ending 29 January 1981 shows the Army Commendation Medal, the Good Conduct Medal (2d Award), the NDSM, the Parachutist Badge, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar as authorized awards.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the National Defense Service Medal 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.  The regulation provides that the second award of the National Defense Service Medal is denoted by a bronze service star affixed to the service ribbon.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that he received his third and fourth awards of the NDSM, the applicant served one period of qualifying service (1 January 1961 through 14 August 1974) for one award of the NDSM which is properly shown on each of his DD Forms 214.  Therefore, there is insufficient evidence on which to base any additional awards of the NDSM in this case.   

2.  Evidence of record shows the applicant earned the privileged of wearing the Air Assault Badge.  Therefore, his DD Form 214 for the period ending 29 January 1981 should be corrected to show this badge. 

3.  Evidence shows that the applicant’s records contain an administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

4.  Records show the applicant should have discovered the alleged errors now under consideration on 29 January 1981; therefore, the time for the applicant to file a request for correction of any error expired on 28 January 1984.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

CG_____  __MF____  __EM___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.

3.  The Board determined that an administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to add the Air Assault Badge on his DD Form 214 for the period ending 
29 January 1981.




___Curtis Greenway____
          CHAIRPERSON




INDEX

CASE ID
AR20060012920
SUFFIX

RECON

DATE BOARDED
20070412
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0069
2.
107.0000
3.

4.

5.

6.