IN THE CASE OF:
BOARD DATE: 12 June 2012
DOCKET NUMBER: AR20110021537
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 records to show he is authorized award of the National Defense Service Medal.
2. The applicant states his dates of service should make him eligible for the National Defense Service Medal.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 7 March 1961 in pay grade E-1.
He completed training as a wheel vehicle mechanic. He was assigned to the 557th Transportation Company (Heavy Truck). He was promoted through the ranks to pay grade E-4.
3. Special Orders Number 109 were published on 8 June 1962 showing the applicant qualified for the Expert Marksmanship Qualification Badge (Rifle M-14).
4. On 1 February 1963, Special Orders Number 19 were published awarding the applicant the Driver and Mechanic Badge.
5. On 22 March 1963, the applicant accepted nonjudicial punishment for failing to be at his prescribed place of duty.
6. After completing 3 years of total active service, the applicant was honorably released from active duty on 6 March 1964 at the expiration of his term of service. He was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.
7. The applicant's DD Form 214 shows the entry "None."
8. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention has been noted and appears to have merit.
2. In accordance with the applicable regulation, he is authorized the National Defense Service Medal based on his service from 7 March 1961 through 6 March 1964. His DD Form 214 should be amended to show he is authorized the National Defense Service Medal.
3. The applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Driver and Mechanic Badge in special orders. These badges should be added to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending his DD Form 214 to show the following awards:
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Driver and Mechanic Badge
____________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) AR20110021537
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ABCMR Record of Proceedings (cont) AR20110021537
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