IN THE CASE OF:
BOARD DATE: 15 July 2010
DOCKET NUMBER: AR20100000777
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 award of the National Defense Service Medal.
2. The applicant states he was a member of the Individual Ready Reserve (IRR) in good standing and served at Fort Huachuca, AZ, after 2 August 1990.
3. The applicant provides a copy of his DA Form 67-8 (Officer Evaluation Report (OER)) for the period 10 September 1990 through 21 September 1990 and a copy of an internet printout, dated 15 December 2009, of the criteria for award of the National Defense Service Medal.
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 applicants records show he was appointed as a second lieutenant in the U.S. Army Reserve (USAR) and executed an oath of office on 20 May 1978. He subsequently entered active duty on 27 July 1978, completed various military training courses, and attained the rank/grade of captain (CPT)/O-3.
3. He was honorably released from active duty on 1 July 1989 in the rank/grade of CPT/O-3 and he was transferred to the USAR Control Group (Reinforcement).
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Armed Forces Reserve Medal, Army Service Ribbon, Overseas Service Ribbon, and the Army Commendation Medal (1st Oak Leaf Cluster).
5. His records also show that while assigned to the USAR Control Group (Reinforcement) he served a period of annual training (AT) in an Individual Mobilization Augmentee (IMA) status from 10 September 1990 to 21 September 1990. He was assigned as a supply management officer to the U.S. Army Intelligence Center, Fort Huachuca, AZ. His OER shows he was in good standing during this period of AT.
6. Army Regulation 600-8-22 (Military awards) states 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 award of the National Defense Service Medal is authorized to all members of the Army National Guard (ARNG) and USAR who were part of the Selected Reserve in good standing during the period 2 August 1990 to 30 November 1995.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that subsequent to his release from active duty, the applicant was assigned to the USAR Control Group (Reinforcement). He completed a period of AT in an IMA status (Selected Reserve) from 10 September 1990 to 21 September 1990 and received an OER that indicates he was in good standing. Therefore, he met the criteria for award of the National Defense Service Medal and should have it awarded.
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 awarding him 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) AR20100000777
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100000777
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