IN THE CASE OF:	  

	BOARD DATE:	  15 JULY 2008

	DOCKET NUMBER:  AR20080007584 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the National Defense Service Medal.

2.  The applicant states, in effect, he was activated from the National Guard and was on active duty during the timeframe covered by his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 
13 August 1962 in support of his application.  

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.


2.  In the processing of this case the Army Board for Correction of Military Records (ABCMR) was unable to obtain the applicant's service personnel and medical records.  The only record available to the ABCMR was the DD Form 214 provided by the applicant and is sufficient for the ABCMR to make a fair and impartial review of this case.  

3.  The applicant's DD Form 214 shows his component was the Army National Guard and that he entered active duty on 15 October 1961 for a term of service of 1 year.  Item 19 (Source of Entry) of the applicant's DD Form 214 indicates he was ordered to active duty (OAD) per Executive Order 10957, dated 10 August 1961.

4.  The applicant's DD Form 214 shows he was released from active duty on 
13 August 1962 and returned to the Massachusetts ARNG.   He was assigned a separation program number (SPN) of 743.  SPN 743 is defined in Army Regulation 635-5 (Separation Documents).  This regulation specifies the narrative reason for SPN 743 as "Release of unit of the ARNG from active Federal service and return thereof to State control." 

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 contains the entry "None."

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, provides in pertinent part, that all decorations, service medals, campaign credits, and badges awarded or authorized during the period covered by the 
DD Form 214 taken from DA Form 66 (Officer Qualification Record) or Section 9, DA Form 24 (Service Record) are to be entered in Item 26 of the DD Form 214.

7.  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.

8.  However, paragraph 2-10b(1) of this regulation states that Army National Guard and U.S. Army Reserve forces personnel on short tours of duty to fulfill training obligations under an inactive duty training program will not be considered as performing active service which qualifies for award of the National Defense Service Medal.


9.  Executive Order 10957 (Assigning Authority With Respect To Ordering Persons And Units In The Ready Reserve To Active Duty And With Respect To The Extension Of Enlistments And Other Periods Of Service In The Armed Forces) provides, by virtue of the authority vested in me by the Joint Resolution of August 1, 1961 (P.L. 87-117), and by section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows:

     a. Section 1 - The Secretary of Defense, and, when designated by him for this purpose, any of the Secretaries of the military departments of the Department of Defense, are hereby authorized and empowered to exercise the authority vested in the President until July 1,1962, by section 1 of the Act of August 1, 1961 (Public Law 87-117) to order, without the consent of the persons concerned, any unit, and any member not assigned to a unit organized to serve as a unit, in the Ready Reserve of an armed force to active duty for not more than 12 consecutive months, provided there are not more than 250,000 members of the Ready Reserve thereby on active duty (other than for training) without their consent at any one time. However, the Secretary of Defense may not order any unit in the Ready Reserve of an armed force to active duty, other than active duty for training, under this section without the approval of the President. 

     b.  Section 2 - In pursuance of the provisions of section 2 of the said Joint Resolution of August 1, 1961, the Secretary of Defense is hereby authorized to extend enlistments, appointments, periods of active duty, periods of active duty for training, periods of obligated service, or other military status, in any component of an armed force or in the National Guard that expire before July l, 1962, for not more than twelve months. 
Signed by President John F. Kennedy on 10 August 1961.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the National Defense Service Medal for his active duty documented on his DD Form 214.

2.  The regulation prohibits award of the National Defense Service Medal to members of the ARNG for periods of active duty that consist of short tours of duty to fulfill training obligations under an inactive duty training program.  

3.  The only record available is his DD Form 214 which documents a short tour of active duty, 9 months and 28 days.  However, his DD Form 214 shows that he was ordered to active duty for 1 year for other than active duty for training.

4.  Therefore, there is sufficient evidence to show the applicant is authorized the National Defense Service Medal in this case.
BOARD VOTE:

___X____  ____X___  ____X__  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 amending his DD Form 214 to show he is authorized the National Defense Service Medal.



 _   _______  X ______________
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080007584



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ABCMR Record of Proceedings (cont)                                         AR20080007584



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