IN THE CASE OF:
BOARD DATE: 11 October 2012
DOCKET NUMBER: AR20120015999
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 DD Form 214 be corrected to show three awards of the National Defense Service Medal.
2. The applicant states he served during three periods for which the National Defense Service Medal was authorized and the notation of his first award of the National Defense Service Medal was removed from his DD Form 214.
3. The applicant provides copies of two DD Forms 214 (Certificate of Release or Discharge from Active Duty) and a DA Form 2-1 (Personnel Qualification Record Part II).
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, a retired U.S. Army Reserve (USAR) staff sergeant (E-6), was initially inducted on 28 January 1971. He enlisted in the Regular Army on 3 February 1971.
3. The DD Form 214 for the period ending 2 February 1971 shows 6 days of active duty but incorrectly shows his date of separation as 2 December 1971. It shows no awards.
4. He was honorably released from active duty on 18 March 1974. He received a DD Form 214 for his period of active duty from 3 February 1971 through 18 March 1974. It shows he served in Germany for two years and was awarded the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
5. The applicant was honorably discharged from the USAR effective 27 January 1977. He again enlisted in the USAR on 30 October 1979, with entry onto extended active duty on 17 August 1986.
6. The applicant served as a USAR Soldier on active duty from 17 August 1986 through 28 February 2003, at which point he retired with 20 years and 3 days of active duty and 9 years, 3 months, and 19 days of inactive service.
7. His DA Form 2-1 shows notations indicating the applicant was twice awarded the National Defense Service Medal.
8. The 28 February 2003 DD Form 214 does not show any award of the National Defense Service Medal.
9. 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. Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.
DISCUSSION AND CONCLUSIONS:
Because the applicant served on active duty during three periods for which the National Defense Service Medal was authorized, it is appropriate to correct his DD Form 214 for the period ending 28 February 2003 to include the National Defense Service Medal with two bronze service stars.
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 amending the applicants DD Form 214 for the period ending 28 February 2003 to show he is authorized award of the National Defense Service Medal with two bronze service stars.
_______ _ __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) AR20120015999
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ABCMR Record of Proceedings (cont) AR20120015999
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