IN THE CASE OF:	  

		BOARD DATE:	    9 October 2014

		DOCKET NUMBER:  AR20140003061 


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 military records by deleting the awards that he is not entitled to.

2.  The applicant states the National Defense Service Medal and Army Lapel Button are recorded in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).  However, the two award entries are incorrect and could lead to the U.S. Government concluding that he is dishonest and result in a conspiracy (plot) against him.

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 U.S. Army Reserve on 17 November 1988 for a period of 8 years.  He then enlisted in the Regular Army on 25 January 1989 for a period of 4 years.  His military service records also show that he was –

* awarded military occupational specialty 13B (Cannon Crewmember)
* promoted to specialist four/pay grade E-4 on 1 January 1991
* in Korea from 1 May 1990 through 24 July 1991

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in item 9 (Awards, Decorations, and Campaigns), in pertinent part, that he was authorized the –

* National Defense Service Medal
* Army Lapel Button

4.  On 4 November 1991, the applicant requested early separation under the provisions of the Enlisted Voluntary Early Separation program.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 30 January 1992 and transferred to the Louisiana Army National Guard to complete his military service obligation.  He had completed 3 years and 6 days of net active service this period.  Item 13 shows he was authorized or awarded the –

* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar
* Army Lapel Button

6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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 (emphasis added), and 11 September 2001 and a date to be determined.

	b.  The Army Lapel Button is a gratuitous issue item and the eligibility requirements include, in pertinent part, those Soldiers transitioning with an honorable characterization of service (e.g., Soldiers being transferred to another component for completion of a military service obligation and those receiving an Honorable Discharge Certificate).

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  Chapter 2 contains guidance on the preparation of the DD Form 214.  The instructions for item 13 state that entries will be for all periods of service.  Check the Soldier's military service records for the validity of awards.  Do not abbreviate when listing the entries.  List the entries in order of precedent.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably on active duty from 25 January 1989 through 30 January 1992.  The National Defense Service Medal was authorized during the period 2 August 1990 and 30 November 1995. Thus, the applicant met the qualifying criteria for authorization and award of the National Defense Service Medal.

2.  The evidence of record shows the applicant was honorably released from active duty and transferred to the Louisiana Army National Guard to complete his military service obligation.  The Army Lapel Button is authorized for Soldiers transitioning from the Regular Army to another Army component (e.g., the Army National Guard).  Thus, he met the qualifying criteria for the Army Lapel Button.

3.  Based on the foregoing, the evidence of record confirms the applicant's entitlement to the National Defense Service Medal and the Army Lapel Button.

4.  Therefore, the evidence of record does not support granting the 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)                                         AR20140003061



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ABCMR Record of Proceedings (cont)                                         AR20140003061



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