IN THE CASE OF:
BOARD DATE: 3 September 2015
DOCKET NUMBER: AR20150001584
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 that he be awarded the National Defense Service Medal (NDSM) and the Army Good Conduct Medal (AGCM).
2. The applicant states that he was called to active duty during the Cuban Missile Crisis and he believes he should have been awarded the NDSM and AGCM.
3. The applicant provides copies of his records and the criteria for award of the NDSM and AGCM.
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 enlisted in the U.S. Army Reserve (USAR) for a period of
6 years. He was ordered to initial active duty training (ACDUTRA) on 22 July 1962 and he was transferred to Fort Ord, California where he underwent his one-station unit training as a light weapons infantryman.
3. On 22 December 1962 he was honorably released from ACDUTRA and returned to his USAR unit in Iowa where he remained until he was honorably discharged from the USAR due to a dependency discharge.
4. The Cuban Missile Crisis was a 13-day (16-28 October 1962) confrontation between the United States and the Soviet Union over Soviet ballistic missiles deployed in Cuba.
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the NDSM is not awarded to Soldiers in the Individual Ready Reserve, Inactive National Guard, Standby, or Retired Reserve, if the active duty service was for training only.
6. This regulation also provides, in pertinent part, that the AGCM is awarded to active component enlisted Soldiers, Enlisted Active Guard Reserve personnel serving on extended active duty (other than for training) beginning after
1 September 1982, and Ready Reserve enlisted personnel ordered to active duty under Title 10 U.S. Code.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions and supporting documents have been carefully considered and are found to lack merit.
2. The applicant has failed to show through the evidence submitted with his application and the evidence of record that he was ordered to active duty in support of a contingency operation during the Cuban Missile Crisis. In fact, he was attending his initial ACDUTRA during this operation.
3. The regulation provides that neither the NDSM nor the AGCM are awarded to individuals in an ACDUTRA status. The evidence is insufficient to award him these medals.
4. Accordingly, it does not appear that there is an error or injustice in his case; therefore, there is no basis to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20150001584
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ABCMR Record of Proceedings (cont) AR20150001584
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