RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 April 2007
DOCKET NUMBER: AR20060013045
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. John Infante
Chairperson
Ms. Susan Powers
Member
Mr. Qawiy Sabree
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 March 2002 to show award of the Global War on Terrorism Service Medal and a second award of the National Defense Service Medal.
2. The applicant states that he served on active duty before, during, and after
11 September 2001.
3. The applicant provides a copy of a DD Form 214 for the period ending
24 March 2002.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged errors which occurred on
24 March 2002. The application submitted in this case is dated 16 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 applicants failure to timely file.
3. The applicant enlisted on 27 October 1994, served as a personnel management specialist, and was released from active duty on 12 August 1998 to attend school.
4. The applicants DD Form 214 for the period ending 12 August 1998 shows award of the National Defense Service Medal.
5. The applicant enlisted on 25 March 1999, served as a personnel specialist, and was released from active duty on 24 March 2002.
6. The applicants DD Form 214 for the period ending 24 March 2002 shows the Army Commendation Medal (2nd Award), the Army Achievement Medal (2nd Award), the Army Superior Unit Award, the Army Good Conduct Medal (2nd Award), the National Defense Service Medal, the Noncommissioned Officers Professional Development Ribbon, the Army Service Ribbon, the Army Lapel Button, and the Overseas Service Ribbon as authorized awards.
7. A DD Form 215 (Correction to DD Form 214), dated 8 December 2006, amended the applicants DD Form 214 for the period ending 24 March 2002 to show award of the Global War on Terrorism Service Medal. Therefore, this portion of the applicants request will not be discussed further in these Proceedings.
8. 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. The applicant served two periods of qualifying service for two awards of the National Defense Service Medal. Therefore, his DD Form 214 for the period ending 24 March 2002 should be corrected to show the National Defense Service Medal with one bronze service star.
2. Records show the applicant should have discovered the alleged error now under consideration on 24 March 2002; therefore, the time for the applicant to file a request for correction of any error expired on 23 March 2005. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
JI______ __SP____ __QS____ 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 amending his DD Form 214 for the period ending
24 March 2002 to show award of the National Defense Service Medal with one bronze service star.
__John Infante________
CHAIRPERSON
INDEX
CASE ID
AR20060013045
SUFFIX
RECON
DATE BOARDED
20070403
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107.0138
2.
107.0069
3.
4.
5.
6.
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