IN THE CASE OF:
BOARD DATE: 23 October 2012
DOCKET NUMBER: AR20120007210
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 award of the National Defense Service Medal.
2. The applicant states he served on active duty from 16 April to 14 October 1961 and 15 October 1961 to 30 October 1963.
3. The applicant provides his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 14 October 1961 and 30 October 1963.
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 military records are not available to the Board for review. However, he provides sufficient documents for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 for the period ending 14 October 1961 shows he was ordered to active duty for training (ACDUTRA) from the U.S. Army Reserve (USAR) on 16 April 1961. He successfully completed an 8-week infantry training course and he was honorably released from ACDUTRA on 14 October 1961.
4. Letter Orders Number A-09-937 issued by Headquarters, First U.S. Army, on 26 September 1961 ordered him to active duty effective 15 October 1961.
5. He was honorably released from active duty in the rank of 1LT on 30 October 1963 and transferred to the USAR Control Group (Reinforcement). His DD Form 214 for this period of service shows he completed 1 year of foreign service, he was promoted to first lieutenant (1LT) on 16 October 1962, and he was awarded the Army Commendation Medal.
6. 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:
The applicant served on active duty from 15 October 1961 to 30 October 1963. He served a qualifying period of service for award of the National Defense Service Medal and should be entitled to correction of his records to show it.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ 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 adding award of the National Defense Service Medal to his DD Form 214 for the period ending 30 October 1963.
_____________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) AR20120007210
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