IN THE CASE OF:
BOARD DATE: 9 January 2014
DOCKET NUMBER: AR20130008622
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 and issuance of the National Defense Service Medal to his father, a former service member (FSM).
2. The applicant states the medal was established 1 year after his father's discharge. Therefore, it was never awarded or requested before now. His father's active military service included the National Defense Service Medal eligibility period 27 June 1950 through 27 July 1954. His father was unaware of his eligibility until now.
3. The applicant provides copies of FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States), Department of Veterans Affairs Rating Decision, and power of attorney.
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 FSM's complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his records were destroyed in that fire. However, there is sufficient documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.
3. The FSM's available military records show he was ordered to active duty from the Army National Guard and entered active duty on 1 May 1951. He served in military occupational specialty 4725 (light truck driver).
4. The FSM was honorably discharged on 3 June 1952. He completed 1 year, 1 month, and 3 days of net active service with no lost time. His DD Form 214 does not list any awards.
5. 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 evidence of record shows the FSM completed a qualifying period of service for award of the National Defense Service Medal. Therefore, it would be appropriate to correct his DD Form 214 to show this award and issue him this 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 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 amending the FSM's DD Form 214 to show award of the National Defense Service Medal and issuing him this medal.
______________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) AR20130008622
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ABCMR Record of Proceedings (cont) AR20130008622
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