IN THE CASE OF:	

		BOARD DATE:	30 July 2009  

		DOCKET NUMBER:  AR20090003744 


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 (Report of Transfer or Discharge) to add a bronze service star to his already-awarded National Defense Service Medal.

2.  The applicant states the governing regulation authorized this award to members of the Army National Guard during the period from 2 August 1990 and 30 November 1995 as a one-time only exception and that he served a qualifying period of service for award of the National Defense Service Medal at the time. 

3.  The applicant provides a copy of his Army/ACE Registry Transcript System (AARTS) printout, dated 14 March 2009, in support of his request.  

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 Kansas Army National Guard (KSARNG) on 18 September 1984.  He subsequently entered active duty for training (ADT) on 11 November 1984, completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 19D (Cavalry Scout).  He was honorably released from ADT to the control of his ARNG unit on 7 March 1985.  He was later discharged from the ARNG on 12 July 1990.

3.  The applicant’s records further show he enlisted in the KSARNG for a period of 1 year and 26 weeks on 18 January 1991.  He was subsequently assigned to the 1st Battalion, 635th Armor, Junction City, KS.  He was again honorably discharged from the ARNG on 21 July 1992. 

4.  The applicant’s records further show he enlisted in the KSARNG on 27 September 2001 and held MOS 88M (Motor Transport Operator) and MOS 92F (Petroleum Supply Specialist).  

5.  On 10 October 2004, the applicant was ordered to active duty in support of Operation Enduring Freedom and subsequently served in Kosovo from 7 February 2005 to 12 January 2006.  He was honorably released from active duty to the control of his ARNG unit on 10 March 2006.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, dated 10 March 2006, shows he was awarded the Driver and Mechanic Badge [with Driver-W Bar] for Wheeled Vehicle, German Army Marksmanship Badge (Gold), Army Commendation Medal (2nd Award), Army Achievement Medal (3rd Award), Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Kosovo Campaign Medal, Army Service Ribbon, Overseas Service Ribbon, the Armed Forces Reserve Medal with “M” Device, and NATO Medal.  

7.  Army Regulation 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, dates inclusive; between 1 January 1961 and 14 August 1974, dates inclusive; between 2 August 1990 and 30 November 1995; dates inclusive; and 11 September 2001 to a date to be determined.  To signify receipt of a second or subsequent award of the NDSM, a service star will be worn on the service ribbon by U.S. Army personnel so qualified.  Service members on active duty, members of the Selected Reserve in good standing, and members of other than the Selected Reserve who were called to active duty will also be eligible for 

honorable service as a member of the armed forces of the United States for any period between 2 August 1990 and 30 November 1995, and 11 September 2001 to a date to be determined.  However, during these periods, service members on active duty for the sole purpose of undergoing a physical examination and/or any Soldier of the Individual Ready Reserve, Inactive National Guard, or the Standby or Retired Reserve whose active duty service was for training only, or to serve on boards, courts, commissions and like organizations, will not be considered eligible for the National Defense Service Medal.  A second or third award of the NDSM is authorized for Soldiers who served in one or more of the four time periods listed above. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of a bronze service star with his National Defense Service Medal.

2.  The evidence of records shows the applicant enlisted in the KSARNG for a period of 1 year and 26 weeks on 18 January 1991 and was honorably discharged on 21 July 1992.  Therefore, as a member of the Selected Reserve in good standing, he should have been awarded his first award of the National Defense Service Medal for this period of service.

3.  The evidence of record shows that the applicant again enlisted in the KSARNG on 27 September 2001, he was ordered to active duty on 10 October 2004, and he was honorably released from active duty on 10 March 2006.  He met the criteria for a second award of the National Defense Service Medal during this period of service.  

4.  Since the applicant qualified for two awards of the National Defense Service Medal, he is entitled to correction of his DD Form 214 to show award of the National Defense Service Medal with one bronze service star.

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:

	a.  deleting from item 14 of the applicant's DD Form 214 for the period ending 10 March 2006 the National Defense Service Medal; and

	b.  adding to item 14 of the applicant's DD Form 214 for the period ending
10 March 2006 the National Defense Service Medal with one bronze service star.



      __________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)                                         AR20090003744



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090003744



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1