IN THE CASE OF:
BOARD DATE: 8 January 2013
DOCKET NUMBER: AR20120011816
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 that his records show he is authorized the National Defense Service Medal.
2. He states he believes he is authorized the National Defense Service Medal for service as an Individual Mobilization Augmentee (IMA) from 1991 to 1995 per Executive Order 12776.
3. He provides various orders and other documents.
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. His record shows he was appointed as a Reserve commissioned officer on
17 May 1975.
3. He submits U.S. Army Reserve Personnel Center Orders C-01-000482 showing he was assigned to a Mobilization Tables of Distribution Allowances (TDA) Augmentee position effective 26 December 1990 in the rank of major. He also submits U.S. Army Reserve Personnel Center Orders C-05-420209 showing he was assigned to a Mobilization TDA Augmentee position on 4 May 1994.
4. He submits military pay vouchers confirming he was paid for performing active duty in 1991, 1992, 1993, and 1995.
5. A U.S. Army Human Resources Command Form 249-E (Chronological Statement of Retirement Points) shows he served four periods of active duty in 1991-1994.
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 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 National Defense Service Medal 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.
7. Army Regulation 140-145 (IMA Program) states that IMA's are members of the Selected Reserve.
DISCUSSION AND CONCLUSIONS:
His military record and evidence that he submits confirms he served on active duty in the Selected Reserve during times authorizing him the National Defense Service Medal. This medal is not awarded on orders. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File. It will serve the purpose of showing he is authorized the National Defense Service Medal.
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 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 to show he is authorized the National Defense Service Medal by filing this decisional document in his AMHRR.
_______ _ 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) AR20120011816
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