BOARD DATE: 12 January 2010
DOCKET NUMBER: AR20090014086
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) to show award of the National Defense Service Medal.
2. The applicant states that the award is not listed in his DD Form 214 due to what appears to be a human error.
3. The applicant provides a copy of his DD Form 214, dated 13 November 1991, 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 U.S. Army Reserve (USAR) in the rank of private/E-1 on 15 October 1990. He was assigned to the 399th Combat Support Hospital, Taunton, MA. He was subsequently ordered to active duty for training (ADT) on 26 June 1991, completed basic combat and advanced individual training, and was awarded military occupational specialty 91B (Medical Specialist). He was released from ADT to the control of his USAR unit on 13 November 1991 by reason of completion of his required training.
3. The DD Form 214 he was issued shows he completed 4 months and 18 days of creditable active military service. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of this form shows he was awarded the Army Service Ribbon and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
4. Army Regulation 600-8-22 (Military Awards) provides for award of the National Defense Service Medal. It states, in pertinent part, that the National Defense Service Medal 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. This regulation also states that during these periods, 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 which qualifies for this award.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that the applicant was ordered to ADT, entered active duty on 26 June 1991, and was released from ADT on 13 November 1991. However, 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 which qualifies for award of the National Defense Service Medal. Regrettably, the applicant does not qualify for this award.
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) AR20090014086
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