IN THE CASE OF:
BOARD DATE: April 9, 2009
DOCKET NUMBER: AR20080018307
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 28 April 1972.
2. The applicant states, in effect, that his active service dates and honorable service warrant him award of the National Defense Service Medal.
3. In support of his application, the applicant provides a copy of his DD Form 214.
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 ordered to active duty for training (ACDUTRA) from the Ohio Army National Guard (OHARNG) and entered active duty on 27 December 1971. He was advanced to pay grade E-2 on 26 January 1972.
3. The applicant was released from ACDUTRA on 28 April 1972 and reverted back to State control as a member of the OHARNG to complete a remaining service obligation of 5 years and 5 months. He was credited with 4 months and 2 days of total active service.
4. The applicant's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not list the National Defense Service Medal.
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 states that for the purpose of this award ARNG 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.
6. On 7 April 2009, clarification of the intent of the regulation in regard to award of the National Defense Service Medal as pertains to Reserve Component personnel was obtained from the Awards Branch, U. S. Army Human Resources Command. That office stated that it is not the intent of the regulation to award the National Defense Service Medal to Reserve Component personnel on active duty for training during the period in question.
DISCUSSION AND CONCLUSIONS:
1. In view of the circumstances in this case, the applicant is not entitled to award of the National Defense Service Medal and its addition to his DD Form 214. He has not shown error, injustice, or inequity for the relief he now requests.
2. The evidence shows that the applicant was ordered to ACDUTRA as a member of the OHARNG and entered active duty on 27 December 1971. He was released from ACDUTRA on 28 April 1972 and reverted back to the OHARNG. The applicable regulation specifies that members of the ARNG on active duty for training will not be eligible for award of the National Defense Service Medal.
3. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ____x___ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ __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) AR20080018307
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080018307
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080014787
The applicant requests, in effect, that his 22 May 1991 honorable discharge from the U.S. Army Reserve (USAR) be voided and that he be transferred to the Retired Reserve on that same date in lieu of being discharged. He adds that this is an injustice in that he was told while all years had to have 50 points for eligibility retirement, he was also told that bad years, those with less than 50 points, could use active duty points from previous years. The evidence of record shows that the...
ARMY | BCMR | CY2008 | 20080017822
The applicant requests, in effect, that item 17a (Current Active Service Other than by Induction) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that was issued on 24 September 1969 be corrected to show that he was ordered to active duty (AD) instead of ordered to active duty for training (ACDUTRA). The applicant essentially states that his DD Form 214 that was issued on 24 September 1969, which will simply be referred to as his second DD Form 214...
ARMY | BCMR | CY2014 | 20140011641
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. An NGB Form 23 completed on or after 23 November 1977 shows his SSN as "XXX-XX-4XXX." _______ _X _______ ___ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2014 | 20140005050
His DD Form 214 shows in: * item 5a PVT (permanent (P)) * item 5b E-2 * item 6 8 May 1967 * item 11a (Type of Transfer or Discharge) release to the NYARNG * item 11c (Reason and Authority) Army Regulation 635-200 (Personnel Separations Enlisted Personnel), Separation Program Number (SPN) 764 (Release of Trainees upon Completion of Military Occupational Specialty Training) * item 11d (Effective Date) 14 September 1967 * item 17a (Source of Entry) ordered to ACDUTRA * item 17c...
ARMY | BCMR | CY2012 | 20120012539
The applicant requests 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). Army Regulation 600-8-22 (Military Awards) states the 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...
ARMY | BCMR | CY2008 | 20080019212
Application for correction of military records (with supporting documents provided, if any). The DD Form 214 he was issued shows he completed 7 months and 25 days of creditable active military service during this period of active duty. Therefore, he served a qualifying period of service for award of the National Defense Service Medal and is entitled to correction of his records to show this award.
ARMY | BCMR | CY2015 | 20150001804
The applicant's military service records are not available to the Board for review. The applicant signed the document verifying the accuracy of the information recorded on the DD Form 214. c. Based on the above and the available evidence of record, it is concluded that the DD Form 214 correctly shows the applicant's active duty service during this period (emphasis added) and rank/grade at the time he was released from active duty. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2014 | 20140007820
In effect, his Delaware Army National Guard (DEARNG) unit was activated for about 9 months during the Wilmington Riot of 1968. The applicant's Army military service record shows as a member of the DEARNG he was ordered to active duty for training (ACDUTRA) and entered active duty on 24 October 1966. He or she will only receive a DD Form 220 (Active Duty Report); and d. RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days.
ARMY | BCMR | CY2008 | 20080016284
IN THE CASE OF: BOARD DATE: 18 February 2009 DOCKET NUMBER: AR20080016284 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that his records be corrected to show he is a sergeant (SGT), pay grade E-5. There is insufficient evidence which shows the applicant actually served with an Army National Guard unit while in Kosovo.
ARMY | BCMR | CY2009 | 20090021288
The applicant requests, in effect, correction of his records to show award of the Army Reserve Components Achievement Medal, Army Service Ribbon, and the Overseas Service Ribbon. The applicant contends that he is entitled to award of the Army Service Ribbon, Overseas Service Ribbon, Army Reserve Components Achievement Medal and correction of his MOS. As a result, the Board recommends that the State Army National Guard records and the Department of the Army records of the individual...