BOARD DATE: 16 November 2010
DOCKET NUMBER: AR20100014213
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 28 April 2010 application be modified to show he is requesting that his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 8 February 2007, be corrected to show award of the National Defense Service Medal, instead of changing his DD Form 214 to show:
* 19K (M1 Armor Crewman) in item 11 (Primary Specialty)
* 1 year and 5 months in item 12e (Total Prior Inactive Service)
* M1 Armor Crewman, 14 Weeks, 1999 in item 14 (Military Education)
2. He states the National Defense Service Medal should be added to his
DD Form 214.
3. He provides his DD Form 214 for the period ending 8 February 2007 and his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 8 March 2000.
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 had prior enlisted service. On 31 May 2003, he was appointed as a Reserve Commissioned Officer of the Army in the rank of second lieutenant (2LT). He entered active duty on 23 August 2003.
3. On 8 February 2007, he was honorably discharged under the provisions of Army Regulation 635-40 due to disability with severance pay. He had completed
3 years, 5 months, and 16 days of active military service. His DD Form 214 for the period ending 8 February 2007 does not show award of the National Defense Service Medal.
4. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
The applicant is eligible for award of the National Defense Service Medal. His DD Form 214 should be amended to show this 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 a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to add 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) AR20100014213
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100014213
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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