BOARD DATE: 1 March 2011
DOCKET NUMBER: AR20100019468
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 he be awarded the National Defense Service Medal (NDSM).
2. The applicant states that he and his spouse were ordered to active duty in support of Operation Desert Shield/Storm at the same time and served together at Fort Dix, New Jersey until they were released from active duty (REFRAD). He goes on to state that his spouse was subsequently issued a DD Form 215 awarding her the NDSM; however, he never received the award of the NDSM or a DD Form 215.
3. The applicant provides a copy of a Certification of Military Service, a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), and a copy of his spouses DD Form 214 and DD Form 215.
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 was serving as a United Sates Army Reserve (USAR) first lieutenant (1LT) in the Army Nurse Corps (ANC) when he was ordered to active duty on 17 September 1990 in support of Operation Desert Shield/Storm at Fort Dix, New Jersey.
3. He served until he was honorably REFRAD on 15 December 1990. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Army Service Ribbon, the Army Achievement Medal, and the Air Force Reserve Forces Meritorious Service Medal (Air Force).
4. The applicants spouse, who was also a USAR 1LT in the ANC, was also ordered to active duty for the same period at the same duty station and she was awarded the NDSM when she was REFRAD.
5. 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, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Executive Order 12776 extended award of the National Defense Service Medal to all members of the Army National Guard and the U. S. Army Reserve who were part of the Selected Reserve in good standing during the period 2 August 1990 through 30 November 1995. Members of other than the Selected Reserve who were called to active duty will also be eligible.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should have been awarded the NDSM has been noted and found to have merit. He was ordered to active duty in support of military operations during a qualifying period for award of the NDSM.
2. Accordingly, he should be awarded the NDSM and it should be added to his records at this time.
BOARD VOTE:
__x______ ____x___ _____x__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 NDSM and correcting his records accordingly.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Gulf War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20100019468
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ABCMR Record of Proceedings (cont) AR20100019468
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