IN THE CASE OF:
BOARD DATE: 19 April 2011
DOCKET NUMBER: AR20100025626
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 award of the National Defense Service Medal (NDSM) with Certificate, and a new DD Form 214 (Certificate of Release or Discharge from Active Duty) showing the NDSM.
2. The applicant states he served during a period for which the NDSM was authorized.
3. The applicant provides no additional evidence.
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 served on active duty from 18 June 1998 through 27 June 2002.
3. Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards.
a. Individual awards are grouped into the following categories:
* decorations
* Good Conduct Medal
* campaign and service medals
* service ribbons
* badges and tabs
* certificates and letters
b. Decorations require orders and are presented in a ceremony. Award ceremonies involve the presentation of the decoration and the certificate.
c. Service medals and service ribbons are administratively awarded to individuals who meet the qualifying criteria. Orders are not required and service medals and service ribbons usually are not presented in a formal ceremony.
d. The NDSM is a service medal and 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
* 11 September 2001 and a date to be determined
e. The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. It also states that once a DD Form 214 has been issued, it shall not be reissued unless it cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214) or if the correction would require issuance of more than two DD Forms 215.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests to be issued an NDSM with certificate, and a new DD Form 214.
2. The NDSM was awarded on and after 11 September 2001. The applicant was on active duty through 27 June 2002 and is entitled to award of the NDSM; however, there is no certificate associated with this service medal.
3. The applicant was also on active duty on or after 11 September 2001 and is entitled to award of the GWOTSM. Because the GWOTSM is a service medal, there is no certificate associated with it.
4. DD Forms 214 are corrected by issuance of DD Forms 215. This is how the applicant's NDSM will be reflected as an authorized award; he will not be issued a new DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* issuing him the NDSM and GWOTSM medal sets
* issuing him a DD Form 215 showing award of the NDSM and GWOTSM
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to issuing a new DD Form 214 or an NDSM certificate.
____________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) AR20100025626
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ABCMR Record of Proceedings (cont) AR20100025626
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