IN THE CASE OF:
BOARD DATE: 18 November 2014
DOCKET NUMBER: AR20140005930
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to list the National Defense Service Medal.
2. The applicant states he served during the Vietnam War era and he should have been awarded the National Defense Service Medal.
3. The applicant no additional evidence.
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the Regular Army on 19 November 1974. He was awarded military occupational specialty 76Y (unit organization supply specialist and armorer). He served in Germany from 21 April 1975 through 8 November 1976.
3. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record - Part II) lists the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
4. He was honorably released from active duty in pay grade E-4 on 10 November 1976 and he was transferred to the U.S. Army Reserve Control Group (Annual Training). He was credited with completing 1 year, 11 months, and 22 days of net active service. His DD Form 214 lists the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
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 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.
DISCUSSION AND CONCLUSIONS:
The applicant enlisted on 19 November 1974 and was released from active duty on 10 November 1976. He did not complete a qualifying period of service for award of the National Defense Service Medal. Therefore, he is not entitled to this award and it addition to his DD Form 214.
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) AR20140005930
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