IN THE CASE OF:
BOARD DATE: 4 June 2015
DOCKET NUMBER: AR20140018510
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 (Report of Separation from Active Duty) by adding the National Defense Service Medal (NDSM).
2. The applicant states he enlisted in November 1974 and completed his initial training at Fort Leonard Wood, Missouri. He was subsequently assigned to Fort Hood, Texas. He states the error was discovered by the Department of Veterans Affairs (VA) after he was turned down for benefits because he did not have any "Vietnam Era" service.
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 3Â 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 20 November 1974 and was trained as a combat engineer.
3. On 26 March 1975, the applicant was assigned to Fort Hood, Texas for duty as a combat engineer.
4. On 10 May 1978, the applicant was promoted to sergeant, pay grade E-5.
5. On 19 November 1978, the applicant was released from active duty (REFRAD) and transferred to the U.S. Army Reserve Control Group (Reinforcement). He had completed 4 years of creditable active duty service. His DD Form 214 shows no awards or decorations.
6. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected by adding the NDSM.
2. The evidence of record shows that the applicant's honorable active duty service was from 20 November 1974 to 19 November 1978. However, the authorized periods for award of the NDSM ended about 3 months prior to his entry on active duty and did not resume until August 1990, which was many years after his REFRAD.
3. In view of the above, the applicant's request should be denied.
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) AR20140018510
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ABCMR Record of Proceedings (cont) AR20140018510
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