BOARD DATE: 16 July 2015
DOCKET NUMBER: AR20140019044
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 removal from his DD Form 214 (Certificate of Release or Discharge from Active Duty) the National Defense Service Medal.
2. The applicant states:
a. The award was issued in error and he does not believe he met the eligibility requirements.
b. He was a member of the Alabama National Guard (ALARNG) during 1994 through 1995, which is within the award period of "Executive Order 12778."
c. The unit to which he was assigned was not active other than for drilling purposes.
3. The applicant provides 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 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. A review of the available records fails to show the applicant's service in the ALARNG. However, the available records do show that he enlisted in the Regular Army on 20 March 1993. He completed training as a radio and communications security repairer.
3. After completing 4 years of net active service this period, he was honorably discharged on 19 March 2000, upon completion of his required active service.
4. His DD Form 214 shows he was awarded the National Defense Service Medal.
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, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Executive Order 12776 extended award of the National Defense Service Medal to all members of the Army National Guard and the U. S. Army Reserve who were part of the Selected Reserve in good standing during the period 2 August 1990 through 30 November 1995. Members of other than the Selected Reserve who were called to active duty will also be eligible. During these periods, service members in the following categories will not be considered eligible for the National Defense Service Medal: (1) any service member on active duty for the sole purpose of undergoing a physical examination; or (2) any Soldier of the Individual Ready Reserve, Inactive National Guard, or the Standby or Retired Reserve whose active duty service was for training only or to serve on boards, courts, commissions, and like organizations.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. Although his National Guard records are not available, in his own words he states he was in the ALARNG during 1994 through 1995. He was assigned to a unit and he was drilling with his unit.
3. According to the applicable regulation, Executive Order 12776 extended award of the National Defense Service Medal to all members of the Army National Guard and the U. S. Army Reserve who were part of the Selected Reserve in good standing during the period 2 August 1990 through 30 November 1995.
4. The applicant has provided no evidence showing that the National Defense Service Medal is improperly listed on his DD Form 214. His 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) AR20140019044
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ABCMR Record of Proceedings (cont) AR20140019044
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