IN THE CASE OF:    

		BOARD DATE:  10 September 2015	  

		DOCKET NUMBER:  AR20150000462 


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 award of the National Defense Service Medal.

2.  The applicant states she served overseas in Korea (1 year and 8 months).  She was awarded the Overseas Service Ribbon, but not the National Defense Service Medal.  She also received the Cold War Certificate.  She believes her overseas service time was invaluable to her unit and her country.  She worked in a section that processed Soldiers in and out of the country.  She believes that she earned the National Defense Service Medal. 

3.  The applicant provides copies of the following:

* Order Number 236-263
* Orders Number 86-3
* DD Form 214 (Certificate of Release or Discharge from Active Duty) (member's copy)
* Orders Number 0-09-041445
* Orders Number 023-300
* Orders Number 153-052
* Primary Leadership Development Course (PLDC) diploma
* Army Reserve Component Achievement Medal certificate
* Orders Number 96-110-046
* Honorable Discharge Certificate
* Certificate of Recognition
* two letters from the Department of Veterans Affairs (VA)

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 the cases 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.

2.  The applicant’s military records shows she enlisted in the Regular Army on 8 August 1984 for 3 years.  She completed training and was awarded military occupational specialty 71L (Administrative Specialist).  She served in Korea from 5 January 1985 through 3 September 1986.

3.  Orders Number 86-3, issued by the U.S. Army White Sands Missile Range, NM on 19 May 1997, released her from active duty effective 5 June 1987.

4.  She was honorably released from active duty on 5 June 1987 and was transferred to the U.S. Army Reserve (USAR) Control Group.  She was credited with completing 2 years, 9 months, and 27 days of active service.  Her DD Form 214 lists the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Service Ribbon
* Overseas Service Ribbon
* Army Achievement Medal with 1st Oak Leaf Cluster
* Army Commendation Medal (1st Award)
* Army Good Conduct Meal (1st Award)

5.  She provided copies of the following:

* Orders Number 0-09-041445, issued by the USAR Personnel Center on 16 September 1987, reassigning her from the USAR Control Group to a troop program unit (TPU)
* Orders Number 023-300, issued by Headquarters, 99th USAR Command, on 19 October 1987, reassigning her to another TPU

6.  She reenlisted in the USAR on 22 April 1990 for 6 years.
7.  She also provided copies of the following:

* Orders Number 153-052, issued by Headquarters, 99th USAR Command on 6 June 1990, ordering her to active duty training to attend the Primary Leadership Development Course (PLDC)
* PLDC diploma, dated 11 August 1990
* Army Reserve Component Achievement Medal certificate for the period 22 September 1987 through 21 September 1991
* Orders Number 96-110-046, issued by Headquarters, USAR Command on 19 April 1996, honorably discharging her from the USAR effective 22 April 1996
* Honorable Discharge Certificate, dated 22 April 1996
* Certificate of Recognition issued in recognition of her service during the period of the Cold War (2 September 1945 through 26 December 1991) 
* two letters, dated 3 and 21 October 2014, wherein the VA advised her of their decision on her claim for benefits

8.  Item 9 (Awards, Decorations, and Campaigns) of her DA Form 2-1 (Personnel Qualification Record - Part II) lists all the awards listed on her DD Form 214 and the:

* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Commendation Medal
* Army Reserve Component Achievement Medal
* Army Commendation Medal (2nd Award)

9.  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, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined. 

10.  Military Personnel Message Number 02-150, subject:  Reinstatement of the National Defense Service Medal, referenced Office of the Deputy Secretary of Defense Memorandum, same subject, dated 26 April 2002.  The memorandum authorized reinstatement of the National Defense Service Medal.  It stated that, as a one-time only exception, members of the Army National Guard and USAR who were part of the Selected Reserve in good standing were authorized the National Defense Service Medal per Executive Order Number 12776, dated 18 October 1991, for the period 2 August 1990 through 30 November 1995.  


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in the RA from 8 August 1984 through 5 June 1987.  By regulation, she was not authorized the National Defense Service Medal for this period of service.  Therefore, this award should not be added to her DD Form 214.

2.  The applicant served in the USAR Control Group and two TPUs from 6 June 1987 until her honorable discharge on 22 April 1996.  Therefore, she met the requirements for award of the National Defense Service Medal as a member of the USAR for the period 2 August 1990 through 30 November 1995 per Executive Order Number 12776, dated 18 October 1991.  

3.  However, as service medals are not awarded on orders, she may use this Record of Proceedings as a record of her eligibility to wear the National Defense Service 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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing she was awarded 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.

ABCMR Record of Proceedings (cont)                                         AR20150000462



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ABCMR Record of Proceedings (cont)                                         AR20150000462



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