BOARD DATE: 4 August 2015
DOCKET NUMBER: AR20140021726
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 the National Defense Service Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 5 December 2011.
2. The applicant states the award should have been entered on his DD Form 214 when he was discharged. He understands the National Defense Service Medal is awarded to persons who served in periods of war and there is no minimum time that has to be served.
3. The applicant provides:
* DD Form 214 with a separation date of 5 December 2011
* a letter, dated 12 December 2014, from Department of Veterans Affairs (VA)
* an article on the National Defense Service Medal from Wikipedia.org
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. He previously served in the U.S. Air Force for 14 days. He received an uncharacterized discharge for entry level performance and conduct.
3. On 3 October 2011, he enlisted in the Puerto Rico Army National Guard (PRARNG). During the period from 3 October 2011 through 24 October 2011 he received 4 points for inactive duty for training.
4. Military Entrance Processing Station, Fort Buchanan, PR Orders 1298011, dated 20 October 2011, ordered him to initial active duty for training with a reporting date of 25 October 2011.
5. On 15 November 2011, an Entrance Physical Standards Board (EPSB) found the applicant was not eligible for training due to mental health conditions that existed prior to service. If detected at the time of enlistment date, these conditions would have prevented enlistment in the military. The EPSB recommended he be immediately removed from all training and physical training and not have access to weapons or sensitive information. They recommended he be expeditiously separated from active duty.
6. On 21 November 2011, the applicant concurred with the EPSB proceedings and requested discharge without delay.
7. On 5 December 2011, he was released from active duty from training and discharged from the Reserve of the Army and returned to the PRARNG by reason of failure to meet medical/physical procurement standards. He completed 1 month and 11 days of active service that was uncharacterized. He did not complete basic combat training or advanced individual training. His DD Form 214 does not show any awards.
8. On 5 December 2011, he was discharged from the PRARNG with an uncharacterized discharge due to failure to meet procurement standards.
9. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is authorized for honorable service as a member of the Armed Forces of the United States for any period between 11 September 2001 to 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. There is no time requirement indicated in the regulation.
10. National Guard Regulation 600-200 (Enlisted Personnel Management) defines the Selective Reserve to include officers, warrant officers, and enlisted Soldiers who are members of the Army National Guard of the United States.
11. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. It stated that all decorations, service medals, campaign credits, and badges awarded or authorized will be entered in on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Army Regulation 600-8-22 provides for the award of the National Defense Service Medal to members of the Selected Reserve in good standing. No time requirement is indicated in the regulation.
2. During the period from 3 October 2011 through 24 October 2011 he received 4 points for inactive duty for training. There was no record of indiscipline during this period. He was serving in the Selective Reserve (PRARNG) in good standing. He met the criteria for the National Defense Service Medal.
3. Regulations state the DD Form 214 should reflect all awards received or authorized for all periods of service.
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 with a separation date of 5 December 2011 to include the National Defense Service Medal.
_______ _ 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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