IN THE CASE OF:
BOARD DATE: 7 June 2012
DOCKET NUMBER: AR20110022278
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 award of the National Defense Service Medal (NDSM).
2. The applicant states the NDSM was omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), DA Form 20 (Enlisted Qualification Record), and DA Form 66 (Officer Qualification Record).
3. The applicant provides:
* DD Form 214
* DA Form 20
* DA Form 66
* two U.S. Army Honorable Discharge Certificates, dated 22 November 1970 and 20 July 1978
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 enlisted in the U.S. Army Reserve (USAR) on 26 February 1969. On 21 July 1969, he was ordered to active duty for training (ADT).
3. On 17 November 1969, the applicant was honorably released from active duty.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 for the period ending 17 November 1969 does not show award of the NDSM.
5. Item 41 (Awards and Decorations) of the applicants DA Form 20 does not show award of the NDSM.
6. On 23 November 1970, the applicant was commissioned as an officer in the USAR.
7. Item 21 (Awards and Decorations) of the applicants DA Form 66 does not show award of the NDSM.
8. The applicant was honorably discharged from the USAR on 20 July 1978.
9. There is no evidence in the applicants service records that shows he was awarded the NDSM.
10. Army Regulation 600-8-22 (Military Awards) states the NDSM 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 NDSM 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 NDSM: (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 applicants request for award of the NDSM was carefully considered and it was determined there is insufficient evidence to support his request.
2. The evidence of record shows he was ordered to active duty for training on 21 July 1969 and he was honorably released from active duty on 17 November 1969. The applicants period of ADT does not fall within the eligibility dates for NDSM. Based on the foregoing, there is no basis for granting the requested relief.
3. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in his service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20110022278
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ABCMR Record of Proceedings (cont) AR20110022278
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