IN THE CASE OF:	  

		BOARD DATE:	  11 August 2015

		DOCKET NUMBER:  AR20150000527 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the:

* National Defense Service Medal
* Army Achievement Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

2.  The applicant states she has the awards and documents, but the awards were never added to her DD Form 214.  She served from 26 July 1990 through 7 April 1998 and was honorably discharged.  According to the Department of Defense, if a member of the U.S. Army Reserve (USAR) in good standing served from 2 August 1990 through 30 November 1995, he or she is entitled to award of the National Defense Service Medal.  She is currently receiving assistance from the Department of Veterans Affairs in obtaining employment.  She would like to receive veterans’ preference and work for the Federal government.  

3.  The applicant provides copies of the following:

* basic training completion certificate
* DD Form 214
* Army Achievement Medal Certificate
* Honorable Discharge Certificate


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 enlisted in the USAR in pay grade E-1 on 3 April 1990.  She entered initial active duty for training (IADT) on 26 July 1990. 

3.  She completed basic combat and advanced individual training and was awarded military occupational specialty 43M (Fabric Repair Specialist).  

4.  Item 9 (Awards, Decorations, and Campaigns) of her DA Form 2-1 (Personnel Qualification Record – Part II) lists the Army Service Ribbon and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  She was honorably released from IADT on 3 December 1990 and was transferred to a Reserve unit.  She completed 4 months and 8 days of active service.  Her DD Form 214 lists award of the Army Service Ribbon.

6.  She provided a copy of an Army Achievement Medal Certificate, dated 29 March 1992, awarding her the Army Achievement Medal for meritorious service and outstanding achievement while performing annual training.  

7.  She was honorably discharged from the USAR on 7 April 1998.  She also provided a copy of her Honorable Discharge Certificate.

8.  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 
   
   
   
the National Defense Service Medal was awarded for honorable active service and included the following inclusive periods:  27 June 1950 through 27 July 1954; 1 January 1961 through 14 August 1974; 2 August 1990 through 30 November 1995; and 11 September 2001 to a date to be determined.  It also 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 Orders 12776, dated 18 October 1991, for the period 2 August 1990 through 30 November 1995.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

   a.  The National Defense Service Medal is awarded to members of the Selected Reserve in good standing during the period listed for the Persian Gulf.  

   b.  The Army Achievement Medal is awarded to any member of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

   c.  A qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established the standardized policy for the preparation of the DD Form 214.  It stated the DD Form 214 was a summary of a Soldier’s most recent period of continuous active duty.  It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation stated item 13 of the DD Form 214 would list all awards and decorations for all periods of service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant completed a qualifying period of service for award of the National Defense Service Medal.  Therefore, her DD Form 214 should be corrected to show this award.

2.  She was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) during her period of IADT.  Therefore, her DD Form 214 should be corrected to show this badge.

3.  With regard to the Army Achievement Medal, the evidence shows she served on IADT from July to December 1990.  By regulation, the DD Form 214 provides a brief, clear-cut record of service at the time of release from active duty.  She was awarded the Army Achievement Medal on 29 March 1992 after her period of IADT.  Therefore, this award should not be listed on her 1990 DD Form 214.

4.  With regard to the Sharpshooter Marksmanship Qualification Badge with Grenade Bar, there is no evidence of record and she did not provide sufficient evidence showing she qualified for this badge during her period of IADT.  Therefore, there is insufficient evidence to support granting her the requested relief.

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 to her DD Form 214 the National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

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 adding to this DD Form 214 the Army 

Achievement Medal and Sharpshooter Marksmanship Qualification Badge with Grenade Bar.



      ___________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)                                         AR20150000527





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ABCMR Record of Proceedings (cont)                                         AR20150000527



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