BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130018217
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the National Defense Service Medal.
2. The applicant states she served on active duty from 23 January 1991 to 25 May 1991.
3. The applicant provides her 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's records show she enlisted in the U.S. Army Reserve (USAR) on 16 November 1990.
3. She entered active duty for training (ADT) on 23 January 1991. She completed the required training and she was awarded military occupational specialty 71L (Administrative Specialist).
4. She was released from ADT to the control of the USAR on 25 May 1991 with an uncharacterized (entry-level) discharge. Her DD Form 214 shows she completed 4 months and 3 days of active service and she was awarded or authorized the:
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
5. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal was established by Executive Order 10448, dated 22 April 1953, and has been amended by several executive orders. It is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.
a. During the above periods, service members in the following categories will not be eligible for this award: members of the Army National Guard and USAR on short tours of duty to fulfill training obligations under an inactive duty training program; any service member on temporary duty or temporary active duty to serve on boards, courts, commissions, and like organizations; and any service member on active duty for the sole purpose of undergoing a physical examination.
b. Service members on active duty, members of the Selected Reserve in good standing, and members of other than the Selected Reserve who were called to active duty for any period between 2 August 1990 and 30 November 1995 and 11 September 2001 to a date to be determined will be eligible.
c. During these periods, service members in the following categories will not be considered eligible for the National Defense Service Medal: any service member on active duty for the sole purpose of undergoing a physical examination and 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.
d. Notwithstanding these limitations, any member of the U.S. Coast Guard or the Reserve or Guard Forces of the Armed Forces who became eligible for award of either the Armed Forces Expeditionary Medal or the Vietnam Service Medal between 1 January 1961 and 14 August 1974 or became eligible for award of the Southwest Asia Service Medal between 2 August 1990 and 30 November 1995 will be eligible for award of the this award.
DISCUSSION AND CONCLUSIONS:
The applicant served on ADT from 23 January 1991 to 25 May 1991. She completed 4 months and 3 days of ADT. Although she completed more than 30 consecutive days of active service during a period for which the National Defense Service Medal was authorized, she did so for training. She does not meet the criteria for award of the National Defense Service Medal and she is ineligible for this award.
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 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) AR20130018217
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ABCMR Record of Proceedings (cont) AR20130018217
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