IN THE CASE OF:
BOARD DATE: 28 September 2010
DOCKET NUMBER: AR20100010820
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the National Defense Service Medal.
2. The applicant states he was at Fort Knox, KY during the qualifying period for the above award.
3. The applicant provides his DD Form 214 and an Internet printout describing 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 applicant's military records show he enlisted in the U.S. Army Reserve (USAR) on 12 May 1966. He completed initial active duty training and he was awarded the military occupational specialty of basic clerk. He also attained pay grade E-4.
3. His DD Form 214 shows he completed a period of initial active duty for training from 28 August to 25 December 1967.
4. Special Orders Number 121, dated 30 April 1972, show he was honorably discharged from the USAR on 11 May 1972 due to expiration term of service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Expert Marksmanship Qualification Badge Rifle.
6. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the National Defense Service Medal was awarded for honorable active service for any period between 27 July 1950 through 27 July 1954 and 1 January 1961 to a date to be determined. It further prescribed that for this award Reserve component personnel on short tours of active duty to fulfill training obligations under an inactive training program would not be considered as performing active service.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states 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 service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant served on active duty for training. However, this active service was not considered performing active service for the purpose of awarding the National Defense Service Medal. As such, he is not entitled to correction of his DD Form 214 to show this award.
2. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20100010820
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ABCMR Record of Proceedings (cont) AR20100010820
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