IN THE CASE OF:
BOARD DATE: 27 September 2012
DOCKET NUMBER: AR20120005725
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 the National Defense Service Medal.
2. The applicant states the National Defense Service Medal is not on his
DD Form 214 and he served in the Gulf War era.
3. The applicant provides no documentary evidence in support of his request.
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 record shows he served in the U.S. Army Reserve (USAR) from 7 February 1994 through 20 May 1995. The Total Army Personnel Data Base-Reserve (TAPDR) shows that during his USAR service the applicant was assigned to the 310th Sustainment Command, a Troop Program Unit (TPU) of the Selected Reserve. He was honorably discharged from the USAR for the purpose of enlisting in the Regular Army (RA) on 20 May 1996.
3. On 21 May 1996, the applicant enlisted in the RA for a period of 4 years. He served for 11 months and 8 days until 28 April 1997, at which time he was honorably discharged by reason of unsatisfactory performance. The DD Form 214 he was issued at the time shows award of the Army Service Ribbon during his active duty tenure.
4. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-10 contains guidance on award of the NDSM. It states, in pertinent part, that honorable active service as a member of the Armed Forces of the United States for any period between 2 August 1990 and 30 November 1995 and 11 September 2001 to a date to be determined qualifies a member for the NDSM. Members of the Selected Reserve in good standing, and members of other than the Selected Reserve who were called to active duty, during the period 2 August 1990 through 30 November 1995 will also be eligible.
DISCUSSION AND CONCLUSIONS:
The applicant's request that the National Defense Service Medal be added to his DD Form 214 has been carefully considered and found to have merit. Although the applicant is not eligible for the award for his active duty service in the RA, the record shows he served in a TPU of the Selected Reserve during a qualifying period prior to his entry into the RA. Therefore, it would be appropriate to add the NDSM to his record and DD Form 214.
BOARD VOTE:
___X____ ____X __ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 adding the National Defense Service Medal to his record and his 28 April 1997 DD Form 214.
__________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) AR20120005725
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