IN THE CASE OF:
BOARD DATE: 28 October 2010
DOCKET NUMBER: AR20100011634
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to include a second award of the National Defense Service Medal and the Noncommissioned Officer Professional Development Ribbon with Numeral 4.
2. The applicant states he is authorized a second National Defense Service Medal and the Noncommissioned Officer Professional Development Ribbon with Numeral 4. He served his country well and honorably and wishes to ensure that when he is working with younger Soldiers, he can truthfully describe and verify his awards as an accurate representation of his service.
3. The applicant provides copies of his DD Form 214 and his DA Form 2-1 (Personnel Qualification Record Part II).
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant, a retired first sergeant/E-8, enlisted in the U.S. Army Reserve on 17 April 1970, serving 127 days on initial active duty for training.
3. He was ordered to active duty on 29 August 1972 and enlisted in the Regular Army on 11 June 1974. He then served continuously until he retired on 31 May 1996.
4. The applicant's DD Form 214 lists his awards as the Meritorious Service Medal, Army Commendation Medal (3rd Award), Army Achievement Medal (2nd Award), Joint Meritorious Unit Award, Army Good Conduct Medal (6th Award), National Defense Service Medal, Humanitarian Service Medal, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Expert Marksmanship Qualification Badge with Rifle Bar, and Drill Sergeant Identification Badge.
5. The applicant's DA Form 2-1 lists his awards as the Army Achievement Medal (1st and 2nd Award), National Defense Service Medal (1st Award), "MIL-DEF-SVC-MDL-2" (Military Defense Service Medal (2nd Award), Army Service Ribbon (1st Award), Overseas Service Ribbon (2nd Award), Drill Sergeant Identification Badge, Army Commendation Medal (1st Award), Army Commendation Medal (2nd Award), Army Good Conduct Medal (6th Award), Expert Marksmanship Qualification Badge with Rifle Bar, and Noncommissioned Officer Professional Development Ribbon with Numeral 4.
6. Both the DA Form 2-1 and the DD Form 214 show that the applicant completed six noncommissioned officer professional development courses, including the U.S. Army Sergeants Major Course.
7. Army Regulation 600-8-22 (Military Awards) states:
a. The National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974 and between 2 August 1990 and 30 November 1995. Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.
b. Effective 30 March 1989, a service member will be awarded the Noncommissioned Officer Professional Development Ribbon with the numeral which identifies the highest level successfully completed as follows: bar ribbon = primary level, 2 = basic level, 3 = advanced level, and 4 = senior level. The senior level consists of completion of the U.S. Army Sergeants Major Course for entitlement to Numeral 4.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he is authorized award of a second National Defense Service Medal and the Noncommissioned Officer Professional Development Ribbon with Numeral 4. He served his country well and honorably and wishes to ensure that when he is working with younger Soldier's he can truthfully describe and verify his awards as an accurate representation of his service.
2. There is no recognized award called the Military Defense Service Medal. Further, the applicant served during two periods for which the National Defense Service Medal was authorized. Therefore, it is reasonable to assume the entry on the DA Form 2-1 for the Military Defense Service Medal is an error and should be the National Defense Service Medal (2nd Award). It is appropriate to correct this error.
3. The applicant is shown to have completed the U.S. Army Sergeants Major Course which entitles him to the Noncommissioned Officer Professional Development Ribbon with Numeral 4. This award is listed on the DA Form 2-1, but it appears to have been omitted from the DD Form 214. It is appropriate to correct this error.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 showing that, in addition the awards listed on the DD Form 214, the applicant is
also authorized a second National Defense Service Medal and the Noncommissioned Officer Professional Development Ribbon with Numeral 4.
____________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) AR20100011634
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ABCMR Record of Proceedings (cont) AR20100011634
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