BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100022349 


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 13 September 1990 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the National Defense Service Medal.

2.  The applicant states he qualified for award of the National Defense Service Medal for his period of active service from 31 March 1988 through 13 September 1990.  He adds the National Defense Service Medal was authorized during the period 2 August 1990 and 30 November 1995.

3.  The applicant provides copies of two DD Forms 214 and the National Defense Service Medal award criteria from The Institute of Heraldry website.

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 enlisted in the Regular Army (RA) on 21 October 1980.  Upon completion of training he was awarded military occupational specialty (MOS) 84B (Still Photography Specialist).

3.  The applicant's military personnel records contain two DA Forms 2-1 (Personnel Qualification Record) that show in:

	a.  item 5 (Oversea Service) service in:

		(1)  England from 14 January 1983 through 18 October 1984.

		(2)  Germany from 22 July 1988 through 12 September 1990; he was not credited with a normal tour completion.

	b.  item 9 (Awards, Decorations, and Campaigns) the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, Marksman Marksmanship Qualification Badge with Grenade Bar, Army Service Ribbon, Army Good Conduct Medal
(1st Award), and Overseas Service Ribbon.

4.  This DD Form 214 shows the applicant was honorably released from active duty on 18 October 1984 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.

	a.  He had completed 3 years, 11 months, and 28 days of net active service this period; 3 months and 13 days of total prior inactive service; and 1 year, 8 months, and 18 days of foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, Marksman Marksmanship Qualification Badge with Grenade Bar, Army Good Conduct Medal, Army Service Ribbon, and Overseas Service Ribbon.

5.  A National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows the applicant enlisted in the Army National Guard of the United States and New York Army National Guard on 5 December 1984, was honorably discharged on 7 October 1987, and was transferred to a USAR unit.

   a.  He had completed 2 years, 10 months, and 3 days of net service this period; 3 years, 11 months, and 28 days of prior active Federal service; and
7 years, 3 months, and 1 day of total service for pay.


	b.  Item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded This Period) shows the Army Good Conduct Medal (1st Award), Army Service Ribbon, and Overseas Service Ribbon.

6.  The applicant enlisted in the RA on 31 March 1988.  Upon completion of training he was awarded MOS 81Q (Terrain Analyst).

7.  This DD Form 214 shows the applicant was honorably discharged on
13 September 1990.

	a.  He had completed 2 years, 5 months, and 13 days of net active duty service this period; 6 years, 11 months, and 28 days of total prior active service; and 6 months and 7 days of total prior inactive service.

	b.  Item 13 shows the Army Service Ribbon, Army Good Conduct Medal
(2nd Award), Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, and Marksman Marksmanship Qualification Badge with Grenade Bar.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  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.  

	b.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  Chapter 2, paragraph 2-4 (Completing the DD Form 214), contains
item-by-item instructions for completing the DD Form 214.  Item 13 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his 13 September 1990 DD Form 214 should be corrected to show the National Defense Service Medal because he served on active duty during a qualifying period for the award.

2.  Records show the applicant served a qualifying period of honorable active service in the RA from 2 August through 13 September 1990 for award of the National Defense Service Medal.  Therefore, it would be appropriate to correct his 13 September 1990, DD Form 214 to show this medal.

3.  The applicant qualified for the Overseas Service Ribbon for completion of an overseas tour in England.  The service ribbon is recorded on his 18 October 1984, DD Form 214; however, it is not recorded on his 13 September 1990      DD Form 214.  Therefore, it would be appropriate to correct his 13 September 1990 DD Form 214 to show this service ribbon.

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 adding to item 13 of his 13 September 1990 DD Form 214 the National Defense Service Medal and Overseas Service Ribbon.




      _______ _   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)                                         AR20100022349



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ABCMR Record of Proceedings (cont)                                         AR20100022349



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