IN THE CASE OF:	

		BOARD DATE:	 23 July 2009 

		DOCKET NUMBER:  AR20090002966 


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 records to show a second award of the National Defense Service Medal, along with any other authorized awards based on his military service.

2.  The applicant states, in effect, he believes he is authorized a second award of the National Defense Service Medal based on his service in the Kentucky Army National Guard (KYARNG) during the Gulf War from July 1990 to July 1991.  He adds he was assigned to the 1st Battalion, 38th Infantry, 2nd Infantry Division, in the Republic of Korea from May 1976 to May 1977.  

3.  The applicant provides no additional documentary evidence.

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 enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) for a period of 8 years on 24 May 1972; he was discharged from the USAR DEP on 5 June 1972; and he enlisted in the Regular Army (RA) for a period of 3 years on 6 June 1972.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).

3. On 30 September 1974, the applicant reenlisted in the RA for a period of
6 years.  He was subsequently awarded MOS 13F (Fire Support Specialist) as his primary MOS.

4.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), along with two DD Forms 215 (Correction to DD Form 214), dated
22 October 1982 and 1 February 2005, show he entered active duty this period on 30 September 1974 and was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 2, based on completion of required service.  At the time he had completed 6 years of net active service; 2 years, 3 months, and 24 days of total prior active service; 12 days of total prior inactive service; and 1 year and 1 month of foreign service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Good Conduct Medal (2nd Award), National Defense Service Medal, Korea Defense Service Medal, Parachutist Badge, and Expert Marksmanship Qualification Badge with (M-16) Rifle Bar.

5.  A National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows the applicant enlisted in the KYARNG on 30 July 1990 and was honorably discharged on 29 July 1991, under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 8-26x, based on expiration of term of service.  At the time he had completed 1 year of net service this period; 8 years, 3 months, and 24 days of prior active service;
12 days of prior Reserve Component service; and 9 years, 4 months, and 6 days of total service for pay.  Item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded This Period) shows he was awarded the Army Good Conduct Medal (2nd Award), Army Service Ribbon, and Parachutist Badge.



6.  An Army National Guard (ARNG) Current Annual Statement, prepared on
10 October 1991, provides a summary of the applicant’s creditable service for retired pay.  This document shows, in pertinent part, the applicant was a unit member in the ARNG during the period 30 July 1990 through 29 July 1991 and he was credited with 33 inactive duty training points, 15 membership points, and zero active duty points.

7.  There are no orders or other evidence in the applicant’s military personnel records that shows he was awarded any individual decorations other than two awards of the Army Good Conduct Medal.

8.  Military Personnel [MILPER] Message Number 02-150, subject:  Reinstatement of the National Defense Service Medal, referenced Office of the Deputy Secretary of Defense memorandum, same subject, dated 26 April 2002, which authorized reinstatement of the National Defense Service Medal.  It stated that the National Defense Service Medal is awarded for honorable active service and includes the following service periods:  27 July 1950 to 27 July 1954;
1 January 1961 to 14 August 1974; 2 August 1990 to 30 November 1995; and
11 September 2001 to a date to be determined.  It also stated that, as a one-time only exception, members of the ARNG and USAR who were part of the Selected Reserve in good standing were authorized the National Defense Service Medal per Executive Order 12776, dated 18 October 1991, for the period 2 August 1990 to 30 November 1995.  A bronze service star will be worn to signify receipt of a second or subsequent award of the National Defense Service Medal.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's discharge, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The instructions for item 13 state, "self-explanatory."

10.  National Guard Regulation 600-200, chapter 8 (Enlisted Separations), sets forth the policies, standards, and procedures for the separation of enlisted Soldiers from the ARNG/ARNGUS.  Table 8-2 (Preparation of NGB Form 22, Report of Separation and Record of Service) provides instructions on the preparation and distribution of the NGB Form 22.  The instructions for item 15 

state, in pertinent part, to enter from the DA Form 2-1, Federal awards from item 9 and State awards from item 27.  Delete from the preprinted form the words "this period."  Include in this block all awards from Soldier's entire service. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show a second award of the National Defense Service Medal, along with any other authorized awards based on his military service.

2.  The applicant’s DD Form 214, as corrected by two DD Forms 215, dated
22 October 1982 and 1 February 2005, accurately shows his authorized awards and decorations at the time of his honorable discharge on 29 September 1980.
Therefore, no corrective action is required with respect to this document.
 
3.  Executive Order 12776, dated 18 October 1991, authorized, as a one-time only exception, award of the National Defense Service Medal to members of the ARNG and USAR who were part of the Selected Reserve in good standing during the period 2 August 1990 to 30 November 1995.  Records also show the applicant served honorably as a unit member in the KYARNG from 30 July 1990 to 29 July 1991.  Thus, he served a qualifying period for a second award of the National Defense Service Medal.  Therefore, it would be appropriate to correct his NGB Form 22 to show award of this service medal.

4.  The applicant had also been awarded the Korea Defense Service Medal and the Expert Marksmanship Qualification Badge (M-16) with Rifle Bar, which are not shown on his NGB Form 22 but should be added.

5.  There are no orders or evidence in the applicant’s military personnel records that shows he was awarded any individual decorations other than two awards of the Army Good Conduct Medal.  There is also no evidence that the applicant qualified for any additional service medals.

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 the Adjutant General of the State of Kentucky amend the records of the individual concerned by adding to item 15 of his NGB Form 22 the "National Defense Service Medal with 1 bronze service star, Korea Defense Service Medal, and Expert Marksmanship Qualification Badge with (M-16) Rifle Bar."

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 any additional authorized individual awards or service medals or by amending his DD Form 214 to add a second award of the National Defense Service Medal.  




      _______ _   _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)                                         AR20090002966



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ABCMR Record of Proceedings (cont)                                         AR20090002966



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