IN THE CASE OF:
BOARD DATE: 7 November 2013
DOCKET NUMBER: AR20130005100
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 award of the National Defense Service Medal.
2. The applicant states his authorization for award of the medal is based on his active service from June 1998 through June 2001.
3. The applicant provides a copy of his DD Form 214.
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 enlisted in the Regular Army on 22 June 1998.
3. He was honorably released from active duty at the completion of his required active service and he was transferred to a U.S. Army Reserve unit to complete his remaining service obligation. He completed 3 years of creditable active service. His DD Form 214 does not show award of the National Defense Service Medal.
4. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments. It 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:
1. The governing regulation establishes the specific periods of service during which the National Defense Service Medal is authorized. The evidence of record confirms the applicant's entire period of active duty service was performed after the third period during which the National Defense Service Medal was authorized that ended on 30 November 1995, and prior to the latest period during which the National Defense Service Medal was authorized that began on 11 September 2001.
2. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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 that 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) AR20130005100
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ABCMR Record of Proceedings (cont) AR20130005100
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