IN THE CASE OF:	  

		BOARD DATE:	  5 February 2014

		DOCKET NUMBER:  AR20130009789 


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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 October 1994 to show the National Defense Service Medal (NDSM) and her subsequent U.S. Army Reserve (USAR) service and awards.

2.  The applicant states she served honorably in the USAR from August 1990 through August 1998.  During her service she received three Army Achievement Medals (AAMs) and an Army Commendation Medal (ARCOM).  The DD Form 214 she received in 1994 only shows one AAM.  She further states she believes she is entitled to the NDSM which would subsequently assist her in gaining employment. 

3.  The applicant provides:

* DD Form 214
* Orders 232-14
* 2 DA Forms 638-1 (Recommendation for Award (For Other Than Valor) of AAM, ARCOM, and Meritorious Service Medal)
* 2 DA Forms 638 (Recommendation for Award)
* 2 pages of information pertaining to the NDSM

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 for 8 years in the USAR on 22 February 1990.  She entered active duty for training on 1 August 1990.  She successfully completed training and was awarded military occupational specialty (MOS) 52D (Power Generation Equipment Repairer).  

3.  On 21 December 1990, she was honorably released from active duty for training.  The DD Form 214 she was issued shows she received the Army Service Ribbon (ASR) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  The applicant provides and her record contains:

   a.  DD Form 214 that shows she served honorably on active duty for training for the period 23 June 1994 to 13 October 1994.  The form further shows she was awarded the AAM, ASR, Driver and Mechanic Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  

   b.  Permanent Order Number 10-3, dated 23 June 1992, awarding her the AAM for the period 10 through 22 June 1992.
   
   c.  Permanent Order Number 007-011, dated 19 July 1995, awarding her the AAM for the period 8 through 21 July 1995.
   
   d.  Permanent Order Number 96019, undated, awarding her the AAM for the period 24 July through 9 August 1996.
   
   e.  Permanent Order Number 97-003, dated 1 February 1997, awarding her the ARCOM for the period 5 January 1991 through 1 February 1997.

	f.  Orders 232-14, issued by U.S. Army 63d Regional Support Command, dated 20 August 1998, which honorably discharged her from the USAR effective 20 August 1998. 
5.  There is no indication she performed any periods of active duty between the date she was released from active duty training on 13 October 1994 and the date she was honorably discharged from the USAR on 20 August 1998 that would have warranted the issuance of a subsequent DD Form 214.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added).  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service.  

7.  A DD Form 214 will be prepared for each Soldier as indicated:

	a.  Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice;

	b.  Reserve Component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT), Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.  Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty;

	c.  Army National Guard (ARNG) and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty.  A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision.  He or she will only receive a DD Form 220 (Active Duty Report); and 

	d.  RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days.  This includes completion of advanced individual training under the ARNG of the U.S. Alternate Training Program or USAR Split Training Program.

8.  Army Regulation 600-8-22 (Military Awards) states the NDSM 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 NDSM to all members of the ARNG and the USAR who were part of the Selected Reserve in good standing during the period 2 August 1990 through 30 November 1995.  Members of other than the Selected Reserve who were called to active duty will also be eligible.  During these periods, service members in the following categories will not be considered eligible for the NDSM:  (1) any service member on active duty for the sole purpose of undergoing a physical examination; or (2) any Soldier of the Individual Ready Reserve, Inactive National Guard, or the Standby or Retired Reserve whose active duty service was for training only or to serve on boards, courts, commissions, and like organizations.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant served in the USAR on active duty for training from 1 August to 21 December 1990 and 23 June through        13 October 1994.  She was issued a DD Form 214 that captured these periods of active duty service.  Evidence also shows the applicant received two of her AAMs and an ARCOM after the DD Form 214 for the period ending 13 October 1994.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.

2.  Aside from these periods of active service for which a DD Form 214 was issued there is no evidence she performed any other active service of at least 90 consecutive days that would have qualified her for the issuance of a DD Form 214.  Therefore, she is not entitled to have these awards placed on   her DD Form 214.

3.  However, evidence shows the applicant completed a qualifying period of service for award of the NDSM.  Therefore, she is entitled to correction of her records to show this service medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the NDSM to the applicant's DD Form 214 rendered for the period 23 June through 13 October 1994.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding her subsequent USAR service and awards.
 .  



      _______ _   _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)                                         AR20130009789





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ABCMR Record of Proceedings (cont)                                         AR20130009789



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