IN THE CASE OF:
BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20140019529
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 (Certificate of Release or Discharge from Active Duty) for the period ending 16 September 2005 to show:
a. award of the National Defense Service Medal (NDSM) and
b. his rank/pay grade as specialist (SPC)/E-4.
2. The applicant states:
a. His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows award of the NDSM and his E-4 pay grade when he was discharged.
b. He wants the NDSM and his E-4 pay grade on his DD Form 214 because employers don't seem to recognize his NGB Form 22 when requesting verification of his military service; they only accept the DD Form 214.
c. He is having difficulty receiving veterans' hiring preference when his DD Form 214 doesn't reflect his true military record.
3. The applicant provides:
* DD Form 214 for the period ending 16 September 2005
* NGB Form 22
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 Army National Guard (ARNG) on 29 December 2003.
3. He was ordered to active duty for training on 27 July 2005. He was released from active duty for training on 16 September 2005. His DD Form 214 for the period ending 16 September 2005 shows in:
* item 4a (Grade, Rate or Rank) private first class
* item 4b (Pay Grade) E-3
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) Army Service Ribbon
4. He was advanced to SPC/E-4 effective 10 June 2006.
5. On 6 December 2007, he was honorably discharged from the ARNG in the rank of SPC. His NGB Form 22 shows his rank as SPC and award of the NDSM.
6. Army Regulation 600-8-22 (Military Awards), paragraph 2-10c, states the NDSM is awarded 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 and 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's request for award of the NDSM appears to have merit. The evidence of record shows he enlisted in the ARNG in 2003, he was advanced to SPC in 2006, and he was honorably discharged from the ARNG in 2007. The governing regulation states the NDSM is awarded for honorable service as a member of the Armed Forces of the United States for any period from 11 September 2001 and a date to be determined and members of the Selected Reserve in good standing are eligible for this award. Since there is no evidence indicating he was not in good standing in the Selected Reserve, it appears he was eligible for award of the NDSM at the time of his release from active duty for training on 16 September 2005. His DD Form 214 for the period ending 16 September 2005 should be corrected to show this medal.
2. Since he was promoted to SPC/E-4 9 months after his release from active duty for training, there is no basis for amending his DD Form 214 for the period ending 16 September 2005 to show his rank as SPC/E-4.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the NDSM to his DD Form 214 for the period ending 16 September 2005.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 for the period ending 16 September 2005 to show his rank/pay grade as SPC/E-4.
_______ _ 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) AR20140019529
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ABCMR Record of Proceedings (cont) AR20140019529
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