IN THE CASE OF:
BOARD DATE: 14 July 2015
DOCKET NUMBER: AR20140021288
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 military records by showing he was authorized the National Defense Service Medal (NDSM).
2. The applicant states he actively served in the U.S. Army Reserve (USAR) from 1986 to March 1992, which was a qualifying period for award of the NDSM.
3. The applicant provides copies of:
* Orders D-03-426151, USAR Personnel Center, dated 29 March 1994
* DARP Form 249-E (Chronological Statement of Retirement Points), prepared 9 June 1995
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 24 March 1986, the applicant entered the USAR as an enlisted Soldier.
3. Orders 7-21, 3220th U.S. Army Garrison, dated 18 July 1990, assigned the applicant to Battery C, 7th Troop, 9th Field Artillery, USAR. He was assigned for duty in military occupational specialty 76C, as a "PLL" clerk.
4. DARP Form 249-E, prepared 9 June 1995, indicates that the applicant received 17 active duty points for USAR service between 24 March 1991 and
23 March 1992.
5. Orders 024-018, 81st USAR Command, dated 21 February 1992, reassigned the applicant to the Individual Ready Reserve (IRR) effective 23 March 1992.
6. Orders D-03-426151, USAR Personnel Center, dated 29 March 1994, honorably discharged the applicant effective that same day.
7. Army Regulation 600-8-22 (Military Awards) states:
a. Service medals and service ribbons are administratively awarded to individuals who meet the qualifying criteria. Orders are not required.
b. The NDSM is awarded for honorable active service for specified periods. Executive Order 12776 extended award of the NDSM to all members of the USAR 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 were also eligible.
8. Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR). However, the applicant may obtain his medals by submitting his request in writing to: National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri 63138. This issue will not be further addressed in this Record of Proceedings.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected by showing he was authorized the NDSM for his active USAR service from 1986 to March 1992.
2. The available evidence shows that the applicant honorably served in an active status during a qualifying period for award of the NDSM. Therefore, his records should be corrected to show this 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 issuing an appropriate document indicating that the applicant is authorized to receive and wear the National Defense Service Medal for his honorable service between 1990 and 1992 as an active member of the USAR.
____________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) AR20110020180
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140021288
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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