IN THE CASE OF:
BOARD DATE: 23 April 2015
DOCKET NUMBER: AR20140013558
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 (Report of Separation from Active Duty) for the period ending 14 September 1970 to show he was awarded or authorized the National Defense Service Medal (NDSM) (2nd Award).
2. The applicant states, in effect, he did not realize he was entitled to the second award of the NDSM until after his discharge was upgraded and after reviewing Army Regulation 600-8-22 (Military Awards).
3. The applicant provides his DD Form 214 for the period ending 14 September 1970.
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 Regular Army on 3 September 1968 and was discharged on 5 November 1968. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period shows he was awarded or authorized the NDSM.
3. He reenlisted in the Regular Army on 30 March 1970 for a period of 3 years; however, he was discharged on 14 September 1970. Neither his original DD Form 214 for this period nor his later, upgraded version show he was awarded the NDSM.
4. Army Regulation 600-8-22 states:
a. The NDSM 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.
b. A second and third award of the NDSM is authorized for Soldiers who served in one or more of the four time periods listed above. A second or third award is not authorized for Soldiers who met the criteria in one time period, left active duty, and returned during the same period of eligibility.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established the standardized policy for preparing and distributing the DD Form 214.
a. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active military service at the time of release from active duty, retirement or discharge; therefore, entered information should be complete and accurate.
b. The instructions for the completion of item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) provided that item 26 would show all decorations, service medals, campaign credits, and badges awarded or authorized. The instructions for this item did not limit or restrict the entries to only those awards and decorations received during the period covered by the DD Form 214 being prepared.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214, for the period ending 14 September 1970, to show he was awarded or authorized the NDSM (2nd Award) was carefully considered.
2. The applicant served on active duty from 3 September 1968 to 5 November 1968. During this period, he was awarded or authorized the NDSM (1st Award).
3. He served a second period on active duty from 30 March 1970 to 14 September 1970; however, he was not awarded or authorized the NDSM (2nd Award) during this period.
4. He is not authorized a second award of the NDSM because both of his periods of active duty were performed during the same period of eligibility for the NDSM (1 January 1961 to 14 August 1974). Therefore, there is no basis to correct his DD Form 214, for the period ending 14 September 1970, to show he was awarded or authorized the NDSM (2nd Award).
5. Notwithstanding his ineligibility for correction of his records to show he was awarded or authorized the NDSM (2nd Award), the governing regulation provides that his initial award of the NDSM can (and should) be annotated on his DD Form 214 for the period ending 14 September 1970, which it currently is not. Therefore, it would be appropriate to correct his DD Form 214 for the period ending 14 September 1970 to show he was awarded or authorized the NDSM (1st Award).
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board determined that administrative errors in the record of the individual concerned should be corrected. Therefore, the Board requests that the Army Review Boards Agency Case Management Division administratively correct the DD Form 214 for the period ending 14 September 1970 by adding the NDSM.
___________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) AR20140013558
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140013558
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