IN THE CASE OF:	  

		BOARD DATE:	        7 April 2009

		DOCKET NUMBER:  AR20080019212 


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 and the "NSV" (correctly known as the Vietnam Service Medal).  

2.  The applicant states, in effect, that the above awards were left off his records due to an administrative oversight. 

3.  The applicant provides copies of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 9 August 1962 and 19 February 1961, 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.  The applicant's records show he enlisted in the Louisiana Army National Guard (LAARNG) on 9 May 1960.  He was subsequently ordered to active duty for training (ACDUTRA),on 20 August 1960, he completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 941.10 (Cook).  He was honorably released from ACDUTRA to the control of his Army National Guard (ARNG) unit on 19 February 1961.  The DD Form 214 he was issued shows he completed 3 months and 11 days of creditable active military service during this period.  This form also shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.

3.  The applicant’s records also show he was ordered to active duty for a period of 1 year, on 15 October 1961.  He was assigned to Company C, 769th Signal Battalion, Fort Polk, LA as a construction lineman (MOS 321.10).  He was honorably released from active duty to the control of his ARNG unit on 9 August 1962.  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.  This form also shows he was awarded the Expert Marksmanship Qualification Badge with Carbine Bar.  

4.  There is no indication in the applicant’s records that he served in the Republic of Vietnam or completed any period of foreign service.

5.  The applicant’s records further show he was released from the LAARNG and transferred to the U. S. Army Reserve (USAR) Control Group (Reinforcement) on 8 May 1963. 

6.  Army Regulation (AR) 600-8-22 (Military Awards) provides for award of the National Defense Service Medal which was established on 22 April 1953 and is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.  During these periods members of the ARNG and USAR on short tours of duty to fulfill training obligations under an inactive duty training (IDT) program; any service member on 

temporary duty (TDY) or temporary active duty (TAD) to serve on boards, courts, commissions, and like organizations; or any service member on active duty for the sole purpose of undergoing a physical examination are not eligible for the National Defense Service Medal.

7.  AR 600-8-22 also provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records shows the applicant was ordered to and entered active duty on 15 October 1961 and he was honorably released from active duty and transferred to the control of his ARNG unit on 9 August 1962.  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.

2.  With respect to the Vietnam Service Medal, there is no evidence that the applicant served in the Republic of Vietnam or that he was assigned, attached, or regularly served for 1 or more days with an organization participating in or directly supporting military operations in the Republic of Vietnam.  Therefore, he does not meet the criteria for award of the Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by  awarding the applicant the National Defense Service Medal.  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Vietnam Service Medal.  



															XXX
      _______ _   _______   ___
               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)                                         AR20080019212



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019212



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1