RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 February 2008
DOCKET NUMBER: AR20070014237
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ms. Margaret K. Patterson
Chairperson
Ms. Sherri V. Ward
Member
Mr. Jeffrey C. Redmann
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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the National Defense Service Medal.
2. The applicant states that he served on active duty during a qualifying period for award of the National Defense Service Medal but he never received it.
3. The applicant provides copies of his DD Form 214, Report of Separation and Record of Service in the Army National Guard (NGB Form 22), Honorable Discharge Certificate from the Missouri Army National Guard, and an extract of Army Regulation 600-8-22, Military Awards, showing the criteria for award of the National Defense Service Medal.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 13 June 1961, the applicant enlisted in the Missouri Army National Guard for 4 years.
3. On 1 October 1961, the applicant was ordered to active duty for training. He completed his initial training and was awarded military occupational specialty 282.10 (Radar Repairman).
4. On 9 August 1962, the applicant was released from active duty for training and transferred to the 204th Signal Battalion, Missouri Army National Guard.
5. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 lists the Sharpshooter Qualification Badge with Rifle Bar. It does not show award of the National Defense Service Medal.
6. On 1 April 1963, the applicant was reassigned to the 128th Artillery Regiment for duty as Ammunition Section Chief.
7. On 12 June 1965, the applicant was discharged from the Missouri Army National Guard. He had attained the rank of sergeant, pay grade E-5, and had completed 4 years of service. Hs characterization of service was honorable.
8. Army Regulation 600-8-22 (Military Awards) as amended provides 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. This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.
DISCUSSION AND CONCLUSIONS:
Records show that the applicant served during a qualifying period for award of the National Defense Service Medal. Therefore, his records should be corrected to show this award.
BOARD VOTE:
__ MKP_ __SVW__ _JCR _ 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 that, in addition to the awards shown on his DD Form 214, his authorized awards include the National Defense Service Medal.
__ Margaret K. Patterson __
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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