BOARD DATE: 21 April 2015
DOCKET NUMBER: AR20140016227
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 his military records be corrected to show he is authorized the National Defense Service Medal.
2. The applicant states he was assigned to the 8th Battalion, 40th Armor as an active Reservist from August 1991 to August 1993. President Bush authorized the National Defense Service Medal for active Reservists in good standing for service during the Gulf War eligibility period of 2 August 1990 to 30 November 1995.
3. The applicant provides Headquarters, U.S. Army Reserve (USAR) Command Orders 93-212-019, dated 6 August 1993.
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. He previously completed 4 years of active service in the Regular Army. On
6 August 1991, he enlisted in the USAR for 2 years. He was assigned to Company D, 8th Battalion, 40th Armor, Phoenix, AZ.
3. His DA Form 2-1 (Personnel Qualification Record) does not show he is authorized the National Defense Service Medal.
4. Headquarters, USAR Command Orders 93-212-019, dated 6 August 1993, discharged the applicant from the USAR.
5. The DA Form 2-1 is not updated once a Soldier is no longer in an active status.
6. His AHRC Form 249-E (Chronological Statement of Retirement Points), dated 6 October 2014, shows he earned 74 retirement points for the retirement year ending (RYE) 5 August 1992 and 76 retirement points for the RYE 5 August 1993.
7. Army Regulation 135-180 (Qualifying Service for Retired Pay Non-regular Service) states a reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service.
8.. Army Regulation 600-8-2 (Military Awards) states the National Defense Service Medal is authorized for honorable service as a member of the Armed Forces of the United States for any period between 2 August 1990 and
30 November 1995 and 11 September 2001 to a date to be determined. 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 will also be eligible.
DISCUSSION AND CONCLUSIONS:
1. The applicant earned 74 points for RYE 5 August 1992 and 76 retirement points for RYE 5 August 1993. This shows he was a member of the Selective Reserve in good standing during the period between 2 August 1990 and November 1995. Therefore, he is authorized the National Defense Service Medal.
2. He was discharged from the USAR on 6 August 1993. The DA Form 2-1 is not updated once a Soldier is no longer in an active status. Therefore, the only effective relief that can be provided is to file a document in his OMPF showing he is authorized the National Defense Service Medal.
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 providing the applicant an appropriate document and filing this document in his OMPF authorizing him the National Defense Service Medal.
__________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) AR20140016227
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