IN THE CASE OF:
BOARD DATE: 27 July 2010
DOCKET NUMBER: AR20100000990
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 Separation from Active Duty) for the period ending 25 July 1976 to show award of the National Defense Service Medal. In addition, he requests that he be issued the medal and ribbon.
2. The applicant states, in effect, that the award of the National Defense Service Medal was omitted from his DD Form 214.
3. The applicant provides no additional documentation to support this case.
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 19 August 1974 and successfully completed basic and advanced individual training. He was awarded military occupational specialty (MOS) 52B (Power Generator Operator/Mechanic) and later awarded MOS 63B (Wheel Vehicle Mechanic).
3. On 25 July 1976, the applicant was honorably discharged for immediate reenlistment on 26 July 1976.
4. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign, Ribbons Awarded or Authorized) of the applicants DD Form 214 for the period ending 25 July 1976 does not show award of the National Defense Service Medal.
5. On 2 March 1979, the applicant was honorably discharged from active duty after completing 2 years, 7 months and 7 days of creditable active service for that term of service. Item 26 of his DD Form 214 for the period ending 2 March 1979 does not show award of the National Defense Service Medal.
6. 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 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
The applicant contends that he should be awarded the National Defense Service Medal. Evidence of record shows he entered active duty on 19 August 1974. However, the period for award of the National Defense Service Medal ended on 14 August 1974. Therefore, he is not eligible award of the National Defense Service Medal.
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) AR20100000990
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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