IN THE CASE OF:
BOARD DATE: 25 September 2012
DOCKET NUMBER: AR20120002304
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 (Report of Separation from Active Duty) to show he was awarded the National Defense Service Medal (NDSM).
2. The applicant states:
* upon completion of basic combat training at Fort Knox, Kentucky, all trainees were presented the NDSM
* no entry appears on his DD Form 214 to reflect his award
* he believes the omission on his DD Form 214 was a result of clerical error because so many documents were processed sending trainees to assigned Regular Army units and returning Army National Guard (ARNG) Soldiers
3. The applicant provides:
* affidavit in support of application for correction of military record
* DD Form 214
* National Guard Bureau Form 22 (Report of Separation and Record of Service)
* New Jersey ARNG Special Orders Number 5, dated 9 January 1974
* Headquarters, U.S. Army Armor Center and Fort Knox, Special Orders Number 50, dated 8 March 1974
* New Jersey ARNG Orders 56-20, dated 28 March 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 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's official military personnel records are not available for review. Information herein was obtained from the documents submitted by the applicant.
3. Having prior enlisted service in the U.S. Marine Corps Reserve, the applicant enlisted in the New Jersey ARNG on 5 September 1973. He was ordered to active duty for training (ADT) effective 17 January 1974.
4. On 16 May 1974, the applicant was released from ADT and returned to State control as a member of the New Jersey ARNG to complete his remaining service obligation of 5 years and 4 months.
5. His DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
6. The applicant submits an affidavit in which he provides the dates and location of his Marine Corps and ARNG service. He also provides the dates and location of his basic combat training and advanced individual training (AIT). He submits New Jersey Special Orders Number 5 ordering him to ADT effective 18 January 1974; Headquarters, U.S. Army Armor Center and Fort Knox, Special Orders Number 50 attaching him to Company A, 3rd Battalion, 1st AIT Brigade, Fort Knox, Kentucky, for military occupational specialty training effective 14 March 1974; and New Jersey ARNG Orders 56-20 honorably discharging him from the ARNG effective 22 February 1978.
7. Army Regulation 600-8-22 (Military Awards) states, in part, the NDSM is awarded for honorable active service for the period 1 January 1961 to 14 August 1974. Any Reserve Component Soldier on short tours to fulfill a training obligation is not eligible for the NDSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and his supporting evidence has been considered.
2. The available evidence shows the applicant was a member of the New Jersey ARNG when he was ordered to ADT effective 17 January 1974. Upon completion of ADT on 16 May 1974, he returned to State control.
3. According to Army Regulation 600-8-22, any Soldier of the Individual Ready Reserve, Inactive National Guard, or the Standby or Retired Reserve whose active duty service was for training only will not be considered eligible for the NDSM. As a member of the New Jersey ARNG who was ordered to active duty for training only, the applicant is not eligible for the NDSM.
4. In view of the foregoing, the applicant's request should be denied.
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) AR20120002304
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ABCMR Record of Proceedings (cont) AR20120002304
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