IN THE CASE OF:
BOARD DATE: 27 July 2011
DOCKET NUMBER: AR20110000979
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 his record be corrected to show award of the National Defense Service Medal.
2. The applicant states he meets the criteria for the National Defense Service Medal as he was on active duty for training during the required time. He was attending the Officer Candidate School from April to June 1991.
3. The applicant provides a copy of page 2 of a National Guard Bureau (NGB) Form 62 (Application for Federal Recognition as an Army National Guard Officer or Warrant Officer) and a memorandum, U.S. Total Army Personnel Command, St. Louis, MO, dated 29 August 1991, subject: Appointment as a Reserve Commissioned Officer of the Army Under Title 10, U.S. Code, Sections 591
and 593.
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 Army National Guard of New York on 11 October 1989. His NGB Form 22 (Report of Separation and Record of Service) shows he was honorably separated as a staff sergeant (SSG)/E-6 from the Army National Guard and as a Reserve of the Army on 6 June 1991. Item 15 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded This Period) shows "None."
3. Orders 110-57, New York Army National Guard, dated 7 June 1991, show he was discharged from the Army National Guard as a SSG on 6 June 1991, and appointed as a second lieutenant in the Army National Guard with a temporary Federal recognition effective 7 June 1991.
4. Orders 132-13, New York Army National Guard, dated 8 July 1992, announce the applicant was separated from the Army National Guard effective 1 July 1992 and assigned to the U.S. Army Reserve Control Group (Annual Training) on that date.
5. His records contain:
a. A DA Form 1059 (Service School Academic Evaluation Report), dated 7 June 1991, shows he attended the Empire State Military Academy Officer Candidate School at Camp Smith, Peekskill, NY, during the period 24 May 1990-7 June 1991 (380 days).
b. Orders 026-032, New York Army National Guard, dated 7 February 1992, ordered him to active duty for training for the period 11 May 1992-8 July 1992 (59 days) to attend the Reserve Component Armor Officer Basic Course at Fort Knox, KY. The authority for this order is Title 32, U.S. Code, section 505.
6. 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. During these periods, service members in the following categories will not be considered eligible for the National Defense Service Medal: (1) any service member on active duty for the sole purpose of undergoing a physical examination or (2) any Soldier of the Individual Ready Reserve, Inactive National Guard, or the Standby or Retired Reserve whose active duty service was for training only or to serve on boards, courts, commissions, and like organizations.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his record should be corrected to show award of the National Defense Service Medal. He claims he meets the criteria for the medal as he was on active duty for training attending the Officer Candidate School from April to June 1991.
2. His records contain a DA Form 1059 showing he completed the Empire State Military Academy Officer Candidate School. There are no orders or other evidence showing he was on active duty in a Title 10, U.S. Code, status to attend this training. Since he was attending a State Officer Candidate School for a duration of over 1 year, it appears he was attending in an inactive duty for training status under Title 32, U.S. Code.
3. His record includes orders to active duty for training to attend the Reserve Component Armor Officer Basic Course at Fort Knox, KY. The authority for these orders is shown as Title 32, U.S. Code, section 505, and this active duty service was for training only.
4. There is no available evidence in his records and the applicant did not provide any evidence that shows he served in an active status during a qualifying period of service for the National Defense Service Medal.
5. In view of the foregoing, the applicant's records should be corrected to show this service medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X____ ___X____ __X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_________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) AR20100021959
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ABCMR Record of Proceedings (cont) AR20110000979
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