Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080011898
Original file (20080011898.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	  24 March 2009

		DOCKET NUMBER:  AR20080011898 


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 reconsideration of his previously denied request for award of the National Defense Service Medal.

2.  The applicant states, in effect, that he served as an active member of the U.S. Army Reserve (USAR) Control Group (Selected Reserve) during a qualifying period of time for award of the National Defense Service Medal.  The applicant further states, in effect, that he recently discovered that the former President signed an Executive Order which allows all members of the reserve forces serving during the period 2 August 1991 through 30 November 1995 to be awarded the National Defense Service Medal.

3.  The applicant provides a self-authored statement, reassignment orders, discharge orders, and his honorable discharge certificate as documentary evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20040001021 on 6 January 2005.

2.  The applicant provided new evidence that will be considered by the Board.

3.  On 31 August 1981, the applicant was appointed as a second lieutenant in the Reserve of the Army.  He was ordered to active duty on 19 September 1981.  The applicant was released from active duty on 18 September 1984 and was transferred to the USAR Control Group (Reinforcement).  On 26 May 1987, the applicant accepted an appointment in the Pennsylvania Army National Guard as a first lieutenant.  On 15 February 1988, he was separated and subsequently transferred to the USAR Control Group (Reinforcement).

4.  U.S. Army Reserve Personnel Center (ARPERCEN), St. Louis, Missouri, Orders C-06-320684, dated 7 June 1993, assigned the applicant as an Individual Mobilization Augmentee to the Office of the Assistant Chief of Staff for Installation Management as an Operations Officer effective 7 June 1993.  This order also shows the applicant was assigned to a Selective Service System position.

5.  The applicant's DA Forms 67-8 (Officer Evaluation Report) for the period 1 March 1993 through 31 January 1995 show he served as a Selective Service Officer and that he attended all scheduled drills [training assemblies] during this period of time.

6.  The applicant's DA Form 4037 (Officer Record Brief), dated 8 January 1995, shows he served as a member of the Selective Service System from March 1993 through January 1995.

7.  ARPERCEN Orders D-08-573302, dated 25 August 1995, discharged the applicant from the USAR with an honorable characterization of service effective 4 September 1995.  A DD Form 256A (Honorable Discharge Certificate) was issued to the applicant to commemorate this event.

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 and 27 July 1954, 1 January 1961 and 14 August 
1974, 2 August 1990 and 30 November 1995 and 11 September 2001 and a date to be determined.

9.  Army Regulation 600-8-22 also provides that the National Defense Service Medal is awarded for honorable service as a member of any component of the Armed Forces of the United States for any period between 2 August 1990 and 30 November 1995 and 11 September 2001 and a date to be determined.  Therefore, in addition to service members on active duty, members of the Selected Reserve in good standing, and members of other than the Selected Reserve who were called to active duty will also be eligible.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show award of the National Defense Service Medal was carefully considered and determined to have merit.

2.  Evidence shows the applicant served honorably as a member of the Selected Reserve during a qualifying period of time for award of the National Defense Service Medal.  Therefore, he is entitled to award of the National Defense Service Medal and to have his records corrected to show receipt of this award.

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 amendment of the ABCMR’s decision in Docket Number AR20040001021, dated 6 January 2005.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the National Defense Service Medal and amending his records to show receipt of this award.



      __________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)                                         AR20080011898



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080011898



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2005 | 20050004504C070206

    Original file (20050004504C070206.doc) Auto-classification: Approved

    The applicant states he retired on 21 April 1993 and was assigned to the US Army Reserve (USAR) Control Group, by Orders Number 24-9, published by Headquarters (Hqs), 108th Division (Training [tng]), dated 25 March 1993. The evidence shows that orders were later published releasing the applicant from the USAR Control Group (Reinforcement) and he was honorably discharged from the USAR effective 15 December 1995. Based on the evidence provided, it would be equitable and just to correct the...

  • ARMY | BCMR | CY2005 | 20050007213C070206

    Original file (20050007213C070206.doc) Auto-classification: Denied

    Rea Nuppenau | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides two AHRC Forms 249-2-E (Chronological Statement of Retirement Points); her Retirement Points Accounting System Statement; a copy of ARPERCEN, Orders C-03-410376A01 dated 14 September 1995; a copy of ARPERCEN, Orders C-03-410376 dated 15 March 1994; reassignment orders dated 9 January 1992; her notification of eligibility for retired pay at...

  • ARMY | BCMR | CY2003 | 2003086868C070212

    Original file (2003086868C070212.rtf) Auto-classification: Denied

    APPLICANT REQUESTS: In effect, that her records be corrected to reflect that she was transferred to the Retired Reserve in the pay grade of E-6. As of this date, the applicant has not applied for Retired Pay benefits because she wants to be retired in the pay grade of E-6. Although the applicant has provided copies of documents which indicate that her pay grade was E-6, the Board can find no instrument which effects the promotion or establishes a date of rank for such a promotion.

  • ARMY | BCMR | CY2001 | 2001056350C070420

    Original file (2001056350C070420.rtf) Auto-classification: Denied

    APPLICANT STATES : The applicant states that he should receive SSP based on his removal on 25 February 1994 from a deleted Individual Mobilization Augmentation (IMA) position because of the revision of the Mobilization (MOB) TDA/TOE. The applicant did request transfer to the Retired Reserve and his request was granted; however, that transfer took place 7 months after he had secured attachment to ARPERCEN to drill for points, and 5 months after his reassignment from the IMA position at Fort...

  • ARMY | BCMR | CY2010 | 20100011648

    Original file (20100011648.txt) Auto-classification: Denied

    The applicant provides the following documentary evidence: a. ABCMR Record of Proceedings, Docket Number AC95-08778, dated 19 March 1997; b. a letter from the Commander of American Legion Post 37, dated 28 March 2008; c. U.S. Army Reserve Personnel Center (ARPERCEN), St. Louis, MO, Orders C-05-421624, dated 17 May 1994, transferring him to the Retired Reserve, effective 12 May 1994; d. a memorandum from U.S. Total Army Personnel Command (USTAPC), St. Louis, dated 14 October 1994, notifying...

  • ARMY | BCMR | CY2007 | 20070010331

    Original file (20070010331.TXT) Auto-classification: Denied

    The applicant provides the following additional documentary evidence in support of her application: a. DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 December 1992. b. U.S. Total Army Personnel Command (now known as HRC), St. Louis, Missouri, Memorandum, dated 31 December 1992, appointing her as a Reserve commissioned officer. e. Page 1 of Standard Form 93 (Report of Medical History), dated 26 October 2000. f. Headquarters, 75th Division (Training Support),...

  • ARMY | BCMR | CY2004 | 2004101066C070208

    Original file (2004101066C070208.doc) Auto-classification: Denied

    He also asks for removal of all documents or any references to fraudulent enlistment or fraudulent documents from all military records, including those held by the CAARNG and the Defense Security Service; and other relief the Board deems appropriate. These include the following: Exhibit 1 – 6 October 1997 CAARNG Orders 279-531 discharging the applicant from the ARNG and as a Reserve of the Army with a general discharge under the provisions of National Guard Regulation 600-200, paragraph...

  • ARMY | BCMR | CY2013 | 20130001707

    Original file (20130001707.txt) Auto-classification: Approved

    In effect, he requests correction of his records to show he was transferred to the Retired Reserve effective 12 December 1995 in lieu of being discharged from the U.S. Army Reserve (USAR). The ARPC Form 249-E he submitted shows he was assigned to the USAR effective 30 January 1985. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending ARPERCEN Orders D-12-511215, dated 12 December 1995, to show he was transferred to...

  • ARMY | BCMR | CY2008 | 20080010402

    Original file (20080010402.txt) Auto-classification: Denied

    The applicant requests, in effect, promotion to lieutenant colonel. In an advisory opinion, dated 22 October 2008, the Chief, Special Actions Branch, DA Promotions, AHRC, St. Louis, stated that the applicant was selected for promotion to lieutenant colonel by the 1993 RCSB with a PED of 7 August 1994. There is no evidence the flag was removed and since he remained under the flag until he retired, he was not eligible for the promotion to lieutenant colonel.

  • ARMY | BCMR | CY2013 | 20130012388

    Original file (20130012388.txt) Auto-classification: Approved

    The applicant provides: * DA Form 1574 (Report of Proceedings by Investigating Officer/Board of Officers), dated 13 December 1992, and related documents * DA Form 4697 (Department of the Army Report of Survey), dated 6 January 1993, and related documents * DA Form 4651-R (Request for Reserve Component Assignment or Attachment), dated 24 January 1993 * an undated memorandum to the applicant, subject: Reduction Under Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and...