IN THE CASE OF:
BOARD DATE: 23 July 2015
DOCKET NUMBER: AR20140020852
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the National Defense Service Medal and any awards he may be entitled to.
2. The applicant states he believes the award was omitted from his DD Form 214.
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 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 was inducted into the Army of the United States on 30 October 1963. He entered active duty, completed his initial entry training, and was awarded military occupational specialty 13A (Field Artillery Basic).
3. Special Orders Number 286, issued by Headquarters, 3d Training Regiment (Basic), U.S. Army Training Center, Engineer, Fort Leonard Wood, MO, dated 30 December 1963, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M14).
4. On 29 October 1965, he was honorably released from active duty at the expiration of his term of service and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 indicates he received the Army Good Conduct Medal during his period of active military service.
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 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's request for award of the National Defense Service Medal was carefully considered.
2. The applicant served a qualifying period of service for award of the National Defense Service Medal, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.
3. Special orders show he was authorized the Marksman Marksmanship Qualification Badge with Rifle Bar (M14). This award is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.
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 amending his DD Form 214 to show award of the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M14).
_______ _ 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.
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