IN THE CASE OF:
BOARD DATE: 22 December 2011
DOCKET NUMBER: AR20110012876
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, in effect, correction of his records to show award of the National Defense Service Medal (NDSM), Global War on Terrorism Service Medal (GWOTSM), and the Cold War Recognition Certificate.
2. He states these were not requested by his unit.
3. He provides no additional documentary evidence in support of this application.
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 has requested award of the Cold War Recognition Certificate. The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document. The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. Based on this information, the applicants request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings.
3. His military records show that he enlisted in the Regular Army on 28 January 1981. The highest rank/grade he held was sergeant/pay grade E-5.
4. He was honorably released from active duty on 29 December 1983 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 2 years, 11 months, and 2 days of creditable active service during this period.
5. He enlisted in the Tennessee Army National Guard (TNARNG) on 7 January 1984 and was separated from the TNARNG on 24 May 1984.
6. He again enlisted in the Regular Army on 31 May 1984. On 17 November 1987, he reenlisted for a period of 6 years.
7. On 13 March 1990, he was retired and placed on the Temporary Disability Retired List (TDRL). He was removed from the TDRL and discharged effective 21 January 1992.
8. He again enlisted in the TNARNG on 26 February 1998. He was discharged from the TNARNG on 25 January 2001.
9. Army Regulation 600-8-22 (Military Awards) states the NDSM 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. Second and subsequent awards of the NDSM are denoted by a bronze service star affixed to the NDSM.
10. Army Regulation 600-8-22 states the 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.
DISCUSSION AND CONCLUSIONS:
1. His records show he served on active duty during the periods 28 January 1981 through 29 December 1983 and 31 May 1984 through 13 March 1990 which were not qualifying periods authorized for the NDSM. As such, he is not authorized the NDSM.
2. His records show he was discharged from the TNARNG on 25 January 2001, a date earlier than that which is authorized for the GWOTSM. As such, he is not authorized the GWOTSM.
3. In view of the foregoing, there is an insufficient basis for granting his request.
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 that 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) AR20110012876
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ABCMR Record of Proceedings (cont) AR20110012876
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