IN THE CASE OF:
BOARD DATE: 6 January 2015
DOCKET NUMBER: AR20140009046
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) by adding the National Defense Service Medal) NDSM) and the Army Service Ribbon (ASR).
2. The applicant states her DD Form 214 should reflect the fact that she earned the NDSM.
3. The applicant provides a copy of her DA Form 2-1 (Personnel Qualification Record Part II).
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 served in the Regular Army from 28 July 1995 to 10 August 1998 and was honorably separated and transferred to the Army Reserve in pay grade E-4.
3. Her DD Form 214 lists her authorized awards as the Army Achievement Medal, Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Pistol Bar.
4. The DA Form 2-1 the applicant submitted in support shows her authorized awards as the
* NDSM
* ASR
* Expert Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
5. Army Regulation 600-8-22 (Military Awards) states:
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, and 11 September 2001 and a date to be determined; and
b. the Army Service Ribbon is awarded upon successful completion of initial entry training.
DISCUSSION AND CONCLUSIONS:
1. The applicant served during a period when the NDSM was authorized and she earned the ASR. They are shown on her DA Form 2-1.
2. Additionally the DA Form 2-1 shows she was awarded the Sharpshooter Marksmanship Qualification Badge with Grenade Bar and Marksman Marksmanship Qualification Badge with Rifle Bar that are not shown on her DD Form 214.
3. In view of the foregoing it would be appropriate to correct the applicants records as recommended below.
BOARD VOTE:
___x___ ____x___ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
adding to the authorized awards already shown on her DD Form 214 the
* NDSM
* ASR
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
___________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) AR20140009046
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ABCMR Record of Proceedings (cont) AR20140009046
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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