IN THE CASE OF:	  

		BOARD DATE:	  21 February 2012

		DOCKET NUMBER:  AR20110014491 


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

2.  The applicant states that President George H. W. Bush's Executive Order 12776 amended the criteria for award of the NDSM to include the U.S. Army Reserve (USAR) component.  He contends that he served in the USAR from 1991 - 1998 but for reasons unknown he was never issued the NDSM.

3.  The applicant provides:

* DD Form 214 for the period ending 13 August 1989
* internet printout of Executive Order 12776
* DA Form 1059 (Service School Academic Evaluation Report) and course completion certificate, for the period 7 September through 3 November 1991
* DA Form 638-1 (Recommendation for Award), dated 10 October 1992
* Orders 1-13, issued by Headquarters, Third Battalion, Training Support Brigade, 70th Division (TNG), Fraser, MI, dated 10 March 1992
* USAR Certificate of Recognition, dated 30 September 1992
* Army Achievement Medal Certificate for the period 1 July to 10 October 1992
* Orders D-09-863275, issued by the U.S. Army Reserve Personnel Command, St. Louis, MO and Honorable Discharge Certificate, dated
29 September 1998
* ARPC Form 249-E (Chronological Statement of Retirement Points), dated 27 September 2011

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 on 14 August 1985.

3.  He was honorably released from active duty on 13 August 1989 and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 13 August 1989 does not show award of the NDSM.

5.  His record shows that effective 13 May 1991 he was reassigned to Company A, 3rd Battalion, 70th Division (TNG).  His DA Form 2166-7 (NCO (Noncommissioned Officer) Evaluation Reports (NCOER)) covering the period December 1990 through September 1994 show his overall duty performance met the standards and his overall potential for promotion was rated as superior.

6.  The applicant provides his promotion orders, award recommendations, course completion documents, and honorable discharge certificate that shows he was a member of the USAR in good standing.

7.  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.  It states Executive Order 12776 extended award of the NDSM to all members of the Army National Guard and the USAR who were part of the Selected Reserve in good standing during the period 2 August 1990 through
30 November 1995.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that item 13 shows awards and decorations for all periods of service during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that after his release from active duty he continued to serve in the USAR.  His record confirms he was a member of the Selected Reserve and he was assigned as an instructor with Company A,
3rd Battalion, 70th Division (TNG).  He received NCOERs that show he was a member in good standing for the period December 1990 through September 1994.  As such, he met the criteria for entitlement to the NDSM; therefore, he is entitled to award of the NDSM.

2.  However, the DD Form 214 he was issued for his period of active duty ended prior to his qualifying period of service for the NDSM; therefore, there is no basis for adding the NDSM to his DD Form 214 for the period ending 13 August 1989.

3.  The applicant is advised that a copy of this decisional document, which confirms his entitlement to the NDSM, will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to his entitlement to the NDSM.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by filing a copy of these Proceedings in his Official Military Personnel File and issuing him the National Defense Service Medal to which he his entitled.

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 correcting his DD Form 214 for the period ending 13 August 1989 to show the award of the National Defense Service Medal.



      ___________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)                                         AR20110014491



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ABCMR Record of Proceedings (cont)                                         AR20110014491



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