IN THE CASE OF:
BOARD DATE: 4 March 2014
DOCKET NUMBER: AR20130010062
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all authorized awards, specifically those pertaining to the Berlin Crisis and the Cuban Missile Crisis.
2. The applicant states he is seeking health care from the Department of Veterans Affairs and was informed that he should have been awarded several medals because of his extension in support of the Berlin Crisis and the Cuban Missile Crisis.
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 was appointed as second lieutenant in the U.S. Army Reserve on 28 August 1959 and he was ordered to active duty on 8 January 1960.
3. His DA Form 66 (Officer Qualification Record) shows in:
* item 17 (Foreign Service) no entry
* item 21 (Awards and Decorations) no entry
* item 22 (Campaigns) no entry
4. On 20 April 1962, he was honorably released from active duty in the rank of first lieutenant and transferred to the U.S. Army Reserve Control Group (Annual Training).
5. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the entry "none."
6. Item 12c (Foreign Service) of his DD Form 214 shows he completed 0 years, 0 months, and 0 days of foreign service.
7. There is no evidence in his military records that shows he performed duties and/or was recommended/awarded any award for duties performed in support of the Berlin Crisis and the Cuban Missile Crisis.
8. 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:
1. The applicant's request for correction of his DD Form 214 to show all authorized awards was carefully considered and determined to have merit.
2. His records show he served during a period of eligibility for award of the National Defense Service Medal. Therefore, he is entitled to correction of his DD Form 214 to show this award.
3. A thorough review did not reveal any additional awards as a result of foreign service in support of the Berlin Crisis and the Cuban Missile Crisis. Absent evidence which shows entitlement to any such award, there is no basis to grant the relief requested.
4. The ABCMR does not amend and/or correct military records solely for the purpose of making an applicant eligible for veterans' medical benefits.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X__ _ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 item 26 of his DD Form 214.
2. The Board further determined 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 the awards pertaining to service in support of the Berlin Crisis and the Cuban Missile Crisis.
_______ _ 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.
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