IN THE CASE OF:
BOARD DATE: 13 April 2010
DOCKET NUMBER: AR20090015101
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, in effect, award of the National Defense Service Medal.
2. The applicant states this ribbon was awarded during the Combat Engineer Officer Basic Course in February 1991 during Operation Desert Storm. He completed the course but did not graduate due to academic reasons and was not awarded the ribbon.
3. The applicant provides copies of DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 27 August 1987 and 7 May 1991 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 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. The applicant enlisted in the Regular Army on 28 August 1985, served as a combat signaler, and was released from active duty on 27 August 1987. He was appointed as a Reserve commissioned officer in the rank of second lieutenant on 9 June 1990. He was commissioned as a second lieutenant in the Army National Guard on 17 August 1990. He was ordered to active duty for training on 5 January 1991. On 7 May 1991, the applicant was released from active duty upon completion of active duty for training.
3. The applicant's DD Form 214 for the period ending 7 May 1991 shows he completed the 17-week Engineer Officer Basic Course. This DD Form 214 shows the Army Service Ribbon, the Overseas Service Ribbon, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.
4. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.
DISCUSSION AND CONCLUSIONS:
The applicant served a period of qualifying service for award of the National Defense Service Medal. Therefore, his DD Form 214 for the period ending 7 May 1991 should be corrected to show this medal.
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 adding the National Defense Service Medal to his DD Form 214 for the period ending 7 May 1991.
___________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) AR20090015101
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ABCMR Record of Proceedings (cont) AR20090015101
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