IN THE CASE OF:
BOARD DATE: 3 February 2009
DOCKET NUMBER: AR20080017981
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, in effect, award of the National Defense Service Medal and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 2 April 1962.
2. The applicant states, in effect, that he believes his dates of service qualified him for the award in 1962. He also states that he did not receive a response to his earlier request for the award.
3. In support of his application, the applicant provides copies of his request for the award, a confirmation of the request facsimile transmittal, a completed Standard Form 180 (Request Pertaining to Military Records), and a Signature Page Verification.
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. The applicant's military records show he was appointed in the United States Army Reserve (USAR) as a second lieutenant on 28 May 1959. He was promoted to first lieutenant on 12 October 1959. He was ordered to active duty and entered active duty on 1 November 1959.
3. The applicant was released from active duty on 2 April 1962 and was transferred to the USAR VIII U.S. Army Corps. He was credited with 2 years, 5 months, and 2 days net active service.
4. The applicant's DD Form 214, item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), lists the Army Commendation Medal. The National Defense Service Medal is not listed.
5. Army Regulation 600-8-22 (Military Awards) 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 to 30 November 1995; and 11 September 2001 to a date to be determined. The regulation also provided that the National Defense Service Medal could be awarded to members of the Reserve component who is ordered to active duty regardless of the duration.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows that the applicant completed a qualifying period of service for award of the National Defense Service Medal. Therefore, it would be appropriate to add this award to his DD Form 214 at this time.
2. In view of the foregoing, the applicants records should be corrected as recommended below.
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 awarding him the National Defense Service Medal, by adding this award to his DD Form 214 dated 2 April 1962, and by providing him a correction to his separation document that includes 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) AR20080017981
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