IN THE CASE OF:
BOARD DATE: 19 May 2009
DOCKET NUMBER: AR20080019811
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 August 2004 to show award of the National Defense Service Medal.
2. The applicant states that the medal should be added to his DD Form 214 for his previous Reserve service in good standing prior to his discharge on
18 August 2004.
3. The applicant provides a copy of his DD Form 214 for the period ending
18 August 2004 and an excerpt from Army Regulation 600-8-22 (Military Awards).
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. Having prior inactive service in the U.S. Army Reserve (USAR), the applicant was ordered to initial active duty for training on 14 June 2004 for a period of
25 weeks. On 18 August 2004, he was discharged for entry level performance and conduct. His character of service was uncharacterized.
3. The applicant's DD Form 214 for the period ending 18 August 2004 does not show the National Defense Service Medal as an authorized award.
4. Army Regulation 600-8-22 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. The regulation also states that for the purpose of this award, Army National Guard and USAR 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.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant, a Reservist, was ordered to initial active duty for training for a period of 25 weeks. The governing regulation states that for the purpose of the National Defense Service Medal, USAR 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. Therefore, there is insufficient evidence on which to base award of the National Defense Service Medal in this case.
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) AR20080019811
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ABCMR Record of Proceedings (cont) AR20080019811
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