IN THE CASE OF:	  

		BOARD DATE:	  22 April 2010

		DOCKET NUMBER:  AR20090019038 


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 reconsideration of his request for correction of his records to show a second award of the National Defense Service Medal.

2.  The applicant states he qualified for award of the National Defense Service Medal for his service in the U.S. Army Reserve (USAR) during Operation Desert Storm/Desert Shield.  He then qualified for a second award of the National Defense Service Medal based on his active duty service in the Regular Army (RA) during the period 11 September 2001 to 4 March 2002.

3.  The applicant provides a copy of the National Defense Service Medal award criteria from The Institute of Heraldry website.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080020008 on 5 March 2009.

2.  The applicant enlisted in the USAR for a period of 8 years on 26 February 1987.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) reviewed on 19 October 2000 shows in:

	a.  item 9 (Awards, Decorations, and Campaigns) the Army Service Ribbon, Army Achievement Medal (4th Award), Overseas Service Ribbon, National Defense Service Medal, Driver and Mechanic Badge with Driver-W Bar, U.S. Air Force Space Badge, Army Good Conduct Medal (1st Award) [through 4 March 1999], Army Commendation Medal, Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar, and Expert Marksmanship Qualification Badge with Hand Grenade Bar; and

	b.  item 35 (Record of Assignments) that he served honorably in the USAR from 26 February 1987 through 25 February 1995.  

4.  Headquarters, U.S. Army Reserve Personnel Center, St. Louis, Missouri, Orders C-12-346368, dated 14 December 1993, show the applicant was released from the USAR Control Group (Annual Training) and assigned to the 6218th USAR Reception Battalion, Bell, California, effective 7 December 1993.

5.  A U.S. Army Reserve Personnel Command Form 249-E (Chronological Statement of Retirement Points) shows the applicant had qualifying years for retirement in the USAR:

	a.  from 26 February 1990 to 25 February 1991 with 37 inactive duty training (IDT) points; and

	b.  from 26 February 1994 to 25 February 1995 with 42 IDT points.

6.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered active duty in the RA on 5 March 1996 and he was honorably discharged on 4 March 2002.

	a.  At the time he had completed 6 years of net active duty service; 3 months and 25 days of total prior active service; and 7 years, 8 months, and 5 days of total prior inactive service.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Commendation Medal, Army Achievement Medal (4th Award), Army Good Conduct Medal, National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, Marksman Marksmanship Qualification 


Badge with Rifle Bar, Driver and Mechanic Badge with Driver-W Bar, U.S. Air Force Space Badge, and Army Lapel Button.

7.  On 5 March 2009, the ABCMR granted the applicant's request for award of the Army Good Conduct Medal (2nd Award), Korea Defense Service Medal, and Global War on Terrorism Service Medal.  The Board denied his request for a second award of the National Defense Service Medal.

8.  A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 30 June 2009, shows that item 13 of the applicant's 4 March 2002 DD Form 214 was corrected to add the Army Good Conduct Medal (2nd Award), Korea Defense Service Medal, and Global War on Terrorism Service Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides that 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.

	a.  Executive Order 12776, dated 18 October 1991, authorized the service medal for honorable service as a member of the U.S. Armed Forces for any period between 2 August 1990 and 30 November 1995.  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 are also eligible for the service medal.

	b.  The second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparation of the DD Form 214.

	a.  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.

	b.  The instructions for item 13 state to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his request for a second award of the National Defense Service Medal should be reconsidered because he served in the U.S. Armed Forces during two separate qualifying periods authorized for award of the National Defense Service Medal.

2.  The applicant served a qualifying period of honorable service in the USAR from 2 August 1990 through 25 February 1995 for award of the National Defense Service Medal.  His DA Form 2-1 that was reviewed on 19 October 2000 shows he was awarded the National Defense Service Medal.

3.  The applicant served a qualifying period of honorable active service in the RA from 11 September 2001 through 4 March 2002 for a second award of the National Defense Service Medal.  However, his DD Form 214 shows only one award of the National Defense Service Medal.  Therefore, it would be appropriate to correct his 4 March 2002 DD Form 214 to show two awards of the National Defense Service 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 amendment of the ABCMR's decision in Docket Number AR20080020008, dated 5 March 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 13 of his 4 March 2002 DD Form 214 the National Defense Service Medal and adding to item 13 the National Defense Service Medal (2nd Award).



      ____________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)                                         AR20090019038



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ABCMR Record of Proceedings (cont)                                         AR20090019038



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